The Ins and Outs of Sexual Assault Defence Law

Sexual assault is a serious crime with severe penalties. If you have been accused or are a victim of sexual assault, it is important to understand the ins and outs of sexual assault defense law. Keep reading to learn more about Calgary sexual assault lawyers and how they can help your case.

What is sexual defense law?


Sexual Assault Defence Law is a branch of law that focuses on the legal defenses available to those charged with sexual assault offenses. The law in this area is complex and can be challenging to navigate. Having a lawyer experienced in sexual assault defense is crucial to help guide you through the process. Several legal defenses may be available to those charged with sexual assault. Some of the most common defenses include:

  • Consent
  • Mistaken Identity
  • False Accusation

Each defense will depend on the facts of the case, so speak with a lawyer to help you determine the best defense for your situation. Consent is one of the most common defenses in sexual assault cases. It can be argued that the sexual activity was consensual and that the defendant should not be held responsible for the complainant’s actions. Mistaken identity can be a defense in cases where the defendant can prove they were not the person who committed the sexual assault. This defense can be difficult to establish but can be successful in some cases. False accusations can be a defense in cases where the defendant can prove that the complainant made false allegations against them. This can also be difficult to do but can be successful if the evidence supports this defense.

What constitutes consent?


When it comes to sex, consent is key. Both parties must agree to any sexual activity to be considered consensual. Consent can be verbal or non-verbal and can be given before or during the act. Silence or lack of resistance does not automatically imply consent, and it can be revoked at any time and must always be mutual. A few things can constitute sexual assault: unwanted touching of a sexual nature, attempted rape, and rape. It’s important to remember that sexual assault is never the victim’s fault, no matter what they were wearing or how much they had to drink.

Sexual assault is a criminal offense that anyone can commit, regardless of their relationship with the complainant. To secure a conviction for sexual assault, the prosecutor must prove that the accused person intentionally engaged in the prohibited conduct without the complainant’s consent. Consent must be given freely and voluntarily and can be withdrawn at any time. If the complainant did not know they were being assaulted, it might be difficult for the prosecutor to prove that the accused person had the intent to commit an assault. This is just one factor that can be considered when determining whether or not someone is guilty of sexual assault. Regardless, getting a sexual assault attorney is important to ensure the best defense.

What does a sexual defense lawyer do?

A sexual defense lawyer defends their client against any criminal charges for a sexual crime. They work to build a case for their client, gathering evidence and working to discredit the prosecution’s case. They also work to negotiate plea deals for their client, if necessary and can represent their client in court. When defending a client accused of a sexual offense, an attorney must first carefully review the facts of the case and the evidence that the prosecution intends to use against the client. Next, the attorney will work to build a defense strategy that will best protect their client’s rights and interests. They may also cross-examine the victim and other witnesses to poke holes in their testimony. Ultimately, the goal of a sexual offense defense attorney is to do everything possible to protect their client’s rights and help them achieve the best possible outcome in their case.

Sexual assault is a serious crime and should not be taken lightly. It is important to remember that consent is always required. If you are convicted of sexual assault, hiring a reputable defense lawyer will help guide you through the process.