Steven Slimovitch achieves positive results for his clients facing charges of sexual assault by employing a number of effective strategies that often result in the charges being withdrawn by the prosecution or dismissed in court by the judge.
A conviction for sexual assault carries serious employment, travel, immigration, and relationship consequences. When confronted with allegations of sexual assault, hiring experienced and persuasive legal counsel is vital to a successful defence outcome.
The terms sexual assault and sexual abuse have often been used interchangeably. There is no clear juridical definition of sexual abuse. This term is more commonly used among mental health experts. On the other hand, sexual assault is defined in law as an assault of a sexual nature that infringes upon the victim’s sexual integrity or as the intentional act of sexual nature that occurs without consent.
Possible Defences to a Charge of Sexual Assault
An experienced criminal lawyer can identify a number of valid defences to a sexual assault allegation. The following is a non-exhaustive list of potential defences to a sexual assault charge.
For an assault to have occurred, the prosecution must prove that the sexual act was done without the consent of the other. Consent must be expressly given or implied. In many instances, consent is implied, and this may be determined from the circumstances surrounding the offence.
Generally, there is an implied consent for a kiss at the the end of a date. Whereas fraudulently obtained consent is really no consent at all. So where one party consented to have intercourse if the other part was wearing a condom, the removal of the condom (without the other’s knowledge) would most likely negate the consent and render the act illegal.
Mistaken belief in consent
Even if the prosecutor proves that consent did not actually exist, it is still available to the accused to argue that they honestly believed the other party had consented to the sexual act. Even an honest but mistaken belief in consent will also afford a defence to a sexual assault charge.
Consequences of a Sexual Assault Conviction
The consequences of being found guilty of sexual assault are significant. Upon a finding of guilt, one may receive a criminal record and be sentenced to a period of incarceration. Generally, the greater the harm suffered by the victim, the harsher the penalty.
What Steven Slimovitch Can Offer You
When you or someone you know has been charged with sexual assault, it is important to retain the services of an experienced criminal defence lawyer as soon as possible. Steven Slimovitch is a highly skilled and experienced criminal defence lawyer with a very impressive track record in this area. He has defended countless people accused of sexual assault and related offences and has successfully supported them throughout the legal process and enabled them to get their lives back on track.