In this modern world, with the aid of social media, it has become relatively easy to accuse someone of an assault. Some of the notorious hashtags used are #MeToo, #BelieveHer and so on. All of these allegations are just posted without any proof. In the public eye, positive light always shines upon the alleged victims whereas the accused is ridiculed and looked down upon.
In any case, one cannot be presumed guilty based solely on allegations. You have rights as an accused and are entitled to be heard and defended. If you are under investigation and facing sexual assault charges in Ottawa, contact an experienced criminal lawyer for the guidance you need. Contact Brett McGarry at brett@mcgarrylaw.ca or 613-884-8576 or visit at 352 Elgin Street, K2P 1M8 Ottawa, Ontario Canada.
- Challenges in defending yourself
- Yes, you have a right to defend yourself, but the path ahead is going to be unfathomable. So you should exercise your right of being silent in the absence of your counsel.
- Being an accused, you are presumed innocent in law until proven guilty. No amount of research or common sense on your part would match the abilities of a trained and experienced professional.
- As per law, during proceedings you won’t be allowed to cross-examine the complainant in the courtroom.
- The ever changing rules relating to “what is admissible evidence” in the court of law is challenging to keep up with even for professional assault lawyers.
- Making effective negotiations, on your behalf, to withdraw or resolve the case may be arduous in absence of an expert.
- There won’t be a do-over for your mistakes in the courtroom just because you were self-representing and were unaware of the law.
- Merits of retaining a lawyer
- On being accused of sexual harassment, the first thing you should do is to appoint a lawyer. Your lawyer will understand the complexity of law.
- Although the process of hiring a lawyer comes with its own hassles, he is your best bet to strengthen the case and speed up the path to proving your innocence.
- Often misunderstanding and mistake on the victim’s part lead to wrong accusations. At times, it may so happen that the alleged victim is just looking for a financial gain.
- Your lawyer will defend you by investigating the complainant’s background which would include understanding your mutual relationship.
- Charges you would face, once found guilty, would vary according to the degree of offence you have been found guilty of. Between paying hefty fines and going to prison, you may lose your job, status and pride.
Any form of non-consensual intercourse including unwanted touching or fondling such that the “sexual integrity” of the complainant is violated is a sexual offence. Not only are you facing a criminal offence under Section 271 of Criminal Code of Canada, but also your reputation is at risk. It’s better to let the expert do his job and get you out of trouble.
