Sexual assault, whether violent or not, can have lasting impacts on individuals. While the impacts of a sexual assault can linger for years, so too can the possibility of being arrested and charged for this offence. Sexual assault cases can be complicated due to the unique rules of evidence that have developed to protect complainants. If you are convicted of sexual assault, you can face serious consequences, including having your name entered into a sex offender registry.

This criminal defence blog post tackles historic sexual assault charges in Canada, exploring the legal landscape for the accused and the unique challenges associated with historic sexual assault cases.

No Statute of Limitations for Sexual Assault

Unlike many criminal offences in Canada, there is no statute of limitations for indictable offences like sexual assault. This means that a sexual assault can be reported and charges laid regardless of how much time has passed since the incident.

The basis for this legal principle is recognition of the complex nature of sexual assault reporting. Complainants may need time to process the trauma, gather the courage to come forward, and feel safe enough to report the incident.

Understanding Historic Sexual Assault

The criminal offence of sexual assault is contained under section 271 of the Criminal Code of Canada. While the lack of a time limit empowers complainants, the passage of time can present challenges in prosecuting historic sexual assault cases. As such, handling these types of cases can be complicated and sensitive when events from the past must be re-lived during the case.

Unique Challenges for Historic Sexual Assault Cases

It is important for individuals who have been charged with sexual assault to have a comprehensive understanding of the options available to them in order to successfully defend such charges. Sexual assault trials are among the most complex, given the sheer amount of evidence, experts, and information involved. Therefore, working with an experienced criminal defence lawyer who can advise you of your rights and help you defend against charges in this complex area of law is important.

Some issues that can arise when it comes to historic sexual assault include:

• Memory: Memories, especially of traumatic events, can fade over time. This can make it difficult for both the complainant and the accused to recall specific details of the event.
• Missing or Incomplete Evidence: Physical evidence, such as DNA samples or witness testimony, might be unavailable after a significant time lapse. If the event was not reported to police at the time it occurred, and was, therefore, not promptly investigated, some of that evidence may be lost forever, particularly when it comes to interpersonal communications, such as text messages.
• Alibi Challenges: If you have been accused of a historic sexual assault, you may face difficulty establishing or corroborating an alibi for an event that happened years ago. Locating a witness for sexual assault cases can be challenging generally, but this difficulty may be exacerbated if the event occurred years prior.

The Impact of These Challenges on the Case

While the lack of a time limit allows for delayed reporting, the passage of time can also be a factor in a defence strategy. A skilled criminal defence lawyer can help you navigate how these issues might impact your case. For instance:

• Inconsistent Memories: If the complainant’s memory of events differs from the accused’s, or if details are unclear due to the passage of time, it can raise questions about the reliability of the evidence.
• Lost or Incomplete Evidence: The absence of crucial evidence, such as witness testimony or physical evidence samples, can weaken the prosecution’s case against the accused.
• Disclosure Issues: If the accused can demonstrate that the complainant did not disclose information in a timely manner, which prejudiced their ability to defend themselves, it could impact the outcome of the case against them.

While faded memories or lack of witness testimony will not necessarily make it impossible for the Crown to prove a sexual assault occurred, there will often be less circumstantial evidence available for a judge or jury to base their decision on.

Final Thoughts on Historic Sexual Assault Cases

Facing historic sexual assault charges can be overwhelming, particularly if the event in question occurred years prior to your arrest or charges. However, an experienced criminal defence lawyer can be your strongest advocate. They can review the details of your case, guide you through the legal complexities and nuances associated with historic sexual assault charges, and will ensure your legal rights are protected until the conclusion of your case.

Sexual assault proceedings can put a strain on you and your family and can be damaging to your reputation. The absence of a statute of limitations in sexual assault cases empowers complainants to come forward but can present challenges in prosecuting these matters. If you are facing historic sexual assault charges, securing legal counsel experienced in defending your rights is crucial. Working with a skilled lawyer can ensure that you properly navigate the legal complexities associated with sexual assault cases and ensure that your interests are preserved throughout a sexual assault trial.

Contact the Oshawa Criminal Defence Lawyers at Barrison & Manitius for Representation in Sexual Assault Cases

The team of skilled criminal defence lawyers at Barrison & Manitius in Oshawa regularly help clients navigate the unknowns when defending against sexual assault and historic sexual assault charges in Ontario. We draw upon our extensive experience to develop tailored defence strategies in sexual assault cases. Our office is conveniently located across the street from the Durham Consolidated Courthouse. To speak with one of our criminal defence lawyers regarding your sexual assault case, contact us by phone at 905-404-1947 or reach out to us online.