sexual assault Archives - LCP Criminal Lawyers

Tag Archives: sexual assault

The Judge Ruled the Man was Not Guilty of Sexual Assault

Recently, a military judge, presiding over a court marital, found a soldier not guilty of sexual assault. The complainant alleged that she was assaulted in a Toronto hotel room. In ordering the case dismissed, the judge noted problems with the woman’s account, including that she willingly attended a strip club with the accused, despite claiming to have been sexually assaulted by him earlier.

This acquittal comes in the wake of a spate of other high-profile acquittals, including that of three Toronto police officers accused of rape and related charges last year. In that case, the trial judge concluded that the “believe the victim” campaign, part of the broader #meToo movement, has no place in the courts because it deprives the accused of the presumption of innocence. While critical of stereotypes invoked by the defence, such as suggesting that the complainant was dressed in immodest clothing, the trial judge was left in reasonable doubt by various implausibilities in the complainant’s story as well as pictures showing that she was not too intoxicated to consent.

Before that, there was the 2016 acquittal of Jian Ghomeshi. In that case, the credibility of the complainants was vigorously challenged by the defence, who brought out that some of the women had continued contact with Ghomeshi after the alleged assaults, and had sent selfies to him. One of the women sent him a picture of herself in a bikini as well as an email complimenting him on his show and including her own cellphone number.

All of these cases demonstrate how crucial it is to vigorously fight false sexual assault allegations. The #meToo movement has only grown stronger and it is important to hire the right lawyer to defend you. The consequences are too serious to do otherwise.

We are getting phone calls like this “Hello, I have been wrongly accused …” And we are commonly asked, “Who is the best lawyer for sexual assault crime”. Sexual assault is a broad offence that can range from uninvited sexual touching to a brutal rape. The right lawyer to defend sexual assault allegations is the one who will knows the law and will turn over every rock, investigate all possible witnesses, and pursue every avenue of defence to either convince the prosecutor to drop the charges, or secure a “not guilty” verdict. No lawyer can guarantee an acquittal, but if you retain us, we can guarantee that we will bring every resource to the table to fight for you.

 

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JUDICIAL ACCOUNTABILITY VS. JUDICIAL INDEPENDENCE: CONTRASTING APPROACHES IN CANADA AND THE UNITED STATES

by Alexander Ostroff

Last week, in California, a judge was removed from office after voters elected to recall him in the aftermath of a high profile sexual assault trial.1. In that trial, the accused was convicted and the judge imposed a sentence that fell within the lawful exercise of his discretion, but there was widespread public opinion that the sentence was overly lenient. Shortly after the trial, California law was changed to increase the mandatory minimum sentence for that charge. After members of the public filed complaints, an independent state agency in California with the power to discipline and remove judges from office conducted an investigation and released a report, in which they did not find that there had been judicial misconduct. However, in California, trial judges are elected, and can be removed from office as the result of a public recall vote. The impact of this highly-visible and unpopular decision affected the public enough for a successful electoral campaign to have the judge removed before the end of his term. This case raises interesting questions about judicial accountability and judicial independence and is an interesting contrast to the different balance that is struck between these important values in the Canadian legal system.

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THE ACCUSED’S RIGHT TO A FAIR TRIAL IN SEXUAL ASSAULT CASES

by Alexandra Mamo

It seems impossible to open a newspaper without reading about sexual assault. With the popularity of the #MeToo campaign, the focus of the current cultural conversation is on the unfair treatment of victims in our criminal justice system. In an attempt to address these perceived injustices, the Canadian government has introduced amendments to the Criminal Code in Bill C-51 which seek to provide a broader role for complainants in sexual assault trials. However, these fundamental changes will severely compromise the rights of accused parties to a fair trial.
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THE CASE AGAINST USING RAP LYRICS AS EVIDENCE OF GUILT

by Lance Beechener

In Canada, prosecutors are increasingly relying upon an accused person’s artistic creations, frequently in the form of rap music, to establish guilt.1. This subject has attracted significant academic commentary both in Canada and in the United States, as well as considerable judicial attention in the U.S. The issue received its most recent and meaningful Canadian appellate treatment in the recent decision of the Ontario Court of Appeal in R. v. Skeete, 2017 ONCA 926.

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