Sexual Harassment Charges Alberta

If someone is accused of sexual assault, they can argue  that the person they touched agreed to it or they honestly believed that the person agreed to it. They can be found not guilty of sexual assault if they can show that the person consented However, there are exceptions to this rule when the complainant is under the majority age of consent.

If someone’s case is not very serious, they might be able to make a deal with the Crown Prosecutor to have their charge dropped if they agree to certain rules.

While many people believe that if there is no direct evidence against them that they cannot be convicted of sexual assault, the reality is that convictions may still occur with little to no objective evidence. In these cases, the Crown Prosecutor and police still treat allegations of sexual assault very seriously.

If you are falsely accused of sexual assault and go to trial, it is your word against the complainant. This is why it’s imperative that you seek the aid of a criminal defence lawyer who, through skilled cross-examination, can weaken the case against you.

The court will look at the words, conduct, and reasonable steps taken by the accused to determine consent. However, the court will not accept silence or passivity on the part of the complainant as a form of consent.

The issue of consent is a very grey area in the law, since your and the complainant’s recollections of the events may vary. The Court will look at consent from the complainant’s point of view, but will also consider whether or not your belief in the complainant’s consent was reasonable in the circumstances.