Defences to Sexual Assault Charges in Canada

In Canada, several defenses may be raised in response to charges of sexual assault. It's important to note that these defenses are highly fact-specific, and the applicability and success of each defense can vary depending on the circumstances of the case. Here are some of the commonly raised defenses to sexual assault in Canada:

Consent: A common defense is to argue that the sexual activity was consensual. The defense must establish that the complainant voluntarily and actively agreed to engage in the sexual activity without any threats, force, or fraud. It is important to note that consent must be ongoing throughout the sexual encounter, and previous consent does not imply ongoing consent.

Mistaken belief in consent: This defense is used when the accused believed, on reasonable grounds, that the complainant was consenting to the sexual activity. The belief must be genuinely held and based on reasonable interpretations of the complainant's words, actions, or other relevant factors.

Honest but mistaken belief about age: In cases involving complainants under the age of consent, the accused may argue that they honestly and reasonably believed the complainant was above the age of consent. This defense requires showing that the accused took reasonable steps to determine the complainant's age and had a reasonable basis for their mistaken belief.

Identity: The accused may assert that they are not the person who committed the sexual assault, challenging the prosecution's evidence linking them to the offense.

Alibi: This defense involves providing evidence that the accused was elsewhere and not present at the location where the sexual assault allegedly occurred, indicating that they could not have committed the offense.

Lack of intent: The defense may argue that the accused did not have the intention to commit a sexual assault. This defense requires demonstrating that there was a lack of intent or that the accused had a reasonable explanation for their actions that does not involve sexual assault.

It's important to consult with a qualified criminal defense lawyer to discuss the specific circumstances of the case and determine the most appropriate defense strategy. Laws and legal interpretations can vary, and only a legal professional can provide tailored advice based on the individual situation.

If you need a criminal defence attorney, please contact our office for a free consultation.