Friday, July 24, 2020

Toronto Sexual Assault Lawyer: What You Need to Know

A Toronto sexual assault lawyer can help you with your sexual assault case. Here are a few things about sexual assault cases you should know.

A Toronto sexual assault lawyer is defined as a lawyer who defends victims and alleged perpetrators of assault of a sexual nature. In the Toronto justice system, sexual assault offenses are not taken lightly, and the charges can be serious to people found guilty of the offense. If the jury convicts you, apart from a lengthy jail term, your criminal record can follow you for your entire life because the stigmatization can be intense.

The justice system has made it imperative to protect complainants who report sexual assault cases. This is because these people are normally prone to threats from the perpetrators if they report such cases. One of the key thing that should be protected is the records (private medical and police) of the person filing the complaint, which are only made available to the Toronto sexual assault lawyer and in some cases to the defense if they need to know more about the cases. However, that access is only given by the judge.

  1. Defending the Accused in a Sexual Assault Offense
To adequately represent the accused, a Toronto sexual assault lawyer should understand the tools and options available to utilize in theirs defense.

For instance, the lawyer can hire private scientific investigators to look deeper into the evidence, including analyzing the DNA. These strategies can help the defense discover some weaknesses.
Defending the accused is not an easy go, and therefore the defense side should formulate a tactical plan on how to present their argument. Sexual assault cases can be quite lengthy and cumbersome and put a lot of pressure on the family of the accused, and that can lead to stress on family cohesion.

  1. Consequences of a Sexual Assault Case
If you are convicted, you are more likely to be jailed, and due to the nature of the case, the jail term can be very long. The crime could also attract a probation, lifetime prohibition of weapons, 20 years on the National Sex Offender Registry order and a DNA order.

  1. Allegations Which are Historical in Nature
Sexual assault cases can be historical. However, in Toronto, there is no time limit when it comes to sexual assault allegations. Nevertheless, if the allegations are brought forward more than half a year after the occurrence of the offense, the alleged can have a panel trial.

  1. Consent
In most cases Ernst Ashurov Toronto sexual assault lawyers have handled, the alleged claimed that the victim had consented to sexual activity. So, how strong is this defense? It is worth understanding that some scenarios are not lawfully considered to anchor the consent claims. Some of the scenarios include:

-        When the offender was given the advice of the consent by another person which is not a too common scenario.
-        When the victim was not in good mental /body conditions to consent, i.e. mentally challenged, intoxicated or young to give in.
-        When the complainant only consented to the act because the accused was in a power, trust or authority position.
-        Lastly, when the complainant indicated non-consent by her words or conduct (this includes the circumstances where the consent was originally in place, but then the victim withdrew it for some reason)
Honesty in consent can be a legal defense. The consent should not be prompted by alcohol or drugs. The accused is, therefore, supposed to decide whether there was consent.
Therefore, during the jury hearing, the accused should testify if at all the consent defense will be successful (even though this is not always the case as the authority of proof lies with the Crown)

  1. Hire the Best Toronto Sexual Assault Lawyer
Given the seriousness and severity of sexual assault cases, if, unfortunately, you find yourself in a case like this, you should hire the best sexual assault lawyer to represent you in court.

The lawyer will work hard to give you the help you need, including soft settlement rectification. Toronto’s sexual assault lawyers have a verified track record and years of experience under their belt and can represent you properly.

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