Roxana was recently involved in very serious Sexual Assault cases. A Sexual Assault case is rarely straightforward for the Crown Prosecutor to prove beyond a reasonable doubt. Roxana has drafted applications and subpoenas in the long process of a Sexual Assault case. In the most recent case she was involved with, the multiple counts of Sexual Assault, Sexual Interference, Invitation to Touch, all within the context of sexual assault on a minor, were stayed. This means that the Crown dropped the charges and the accused was free to go.
In order to secure a conviction for Sexual Assault, the Crown must prove beyond a reasonable doubt that:
There are a number of defences that exist, some of which are:
An important element in your defence is your statement. You may be tempted to say that you never touched the complainant but later your DNA is found there. You may be tempted to take a deal from the police. Remember to always call a lawyer before talking to the police. Exercise your right to remain silent and your right to counsel.
Again, it is important to call a lawyer early in the case: the Crown can choose to elect by indictment or summarily. Your lawyer thus has an opportunity early on to influence a charge to become a summary charge:
(a) An indictable offence leads to: imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or
(b) An offence punishable on summary conviction leads to: imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.