Sexual Assault and Rape

If you have been charged and need a lawyer for sexual assault charges in Edmonton, do not wait, call Geoff Green today.

These are serious offences under Section 271 of the Criminal Code of Canada, carrying life-altering consequences, including imprisonment, a criminal record, and mandatory registration as a sex offender. With over 25 years of experience in criminal law, Geoff Green, an Edmonton-based lawyer, offers the comprehensive legal defences you need to navigate these charges and protect your future. Geoff Green has much experience in this area of law.

Understanding Sexual Assault Charges in Alberta

The term “sexual assault” encompasses a broad range of offences, from unwanted sexual contact to aggravated sexual assault, which involves significant bodily harm.

These charges are often complex, involving questions of consent, evidence, and the specific circumstances of the alleged offence.

Under the Criminal Code of Canada, sexual assault is defined as any form of sexual activity or sexual contact without consent. The penalties vary depending on the severity of the assault, ranging from probation to life imprisonment for aggravated sexual assault. It is essential to understand that consent plays a pivotal role in these cases, and any allegation of sexual assault is taken very seriously by the courts.

Types of Sexual Assault Offences

Sexual assault charges can vary depending on the nature of the alleged crime. Geoff Green specializes in defending against all types of sexual offences, including:

• Sexual assault: Any non-consensual sexual contact.
• Aggravated sexual assault: Involves causing serious bodily harm to the victim during the assault.
• Sexual interference: When the victim is under the age of consent.
• Sexual exploitation: Involves abusing a position of trust, authority, or dependency to engage in sexual activity.
• Voyeurism: Illegally observing someone for sexual purposes without their knowledge or consent.

Each of these offences carries different penalties, with aggravated sexual assault being among the most serious, often leading to life imprisonment if convicted.

The Role of Consent in Sexual Assault Cases

Consent is the central issue in most sexual assault cases. Under Canadian law, consent must be freely given, and there can be no implied consent in cases involving sexual activity. If the accused believed the complainant had consented, the court would examine whether that belief was reasonable, considering factors such as intoxication, coercion, and misunderstandings.

It is important to understand that consent cannot be given in certain circumstances, such as when the complainant is underage, incapacitated, or if coercion or force was involved. Geoff Green has experience in dissecting the circumstances surrounding consent, ensuring that every detail is examined to create a strong defence strategy.

Immediate Steps if Charged with Sexual Assault or Rape in Edmonton

Being charged with sexual assault can be overwhelming, but your actions following the charge are critical. The first step is to contact an experienced criminal defence lawyer like Geoff Green. The consequences of a conviction are severe, so it is essential to:

1. Remain silent: Do not discuss your case with anyone, including family or friends. Anything you say can be used against you in court.
2. Secure legal representation: An experienced lawyer will advise you on the next steps and begin working on your defence immediately.
3. Preserve evidence: Gather any potential evidence, such as messages, emails, or witness testimonies, which may support your case.
4. Cooperate with your lawyer: Open communication with your lawyer is crucial in building a strong defence strategy.

Defending Sexual Assault Charges

Every sexual assault case is unique, and the defence will depend on the specific circumstances of your situation. Geoff Green is committed to crafting a tailored defence strategy to challenge the prosecution’s case. Common defences include:

• Mistaken identity: In some cases, the wrong person is charged due to misidentification. A thorough investigation and presentation of alibi evidence can refute the prosecution’s claims.
• Lack of intent: If there was no intent to commit sexual assault, this can be a critical point in building a defence. This could apply in cases of misunderstandings or situations where the accused believed the encounter was consensual.
• Consent: One of the most common defences, proving that consent was given, can often result in charges being reduced or dropped altogether.
• Mistaken memory: The reliability of the complainant’s testimony may come into question, especially in cases where there are discrepancies or delays in reporting the assault.
• Accident: this defence is really a lack of mens rea or guilty mind.

Geoff Green meticulously analyzes the details of each case, from witness testimony to forensic evidence, to uncover inconsistencies that may weaken the prosecution’s narrative.

What to Expect in Court When Charged with a Sexual Offence

Facing sexual assault charges means you will likely go to court. Having a seasoned defence lawyer like Geoff Green by your side ensures that you are well-prepared for each step of the legal process. Here is what you can expect:

1. The investigation: The police will collect evidence, including physical evidence from the scene or rape kits, witness statements, and forensic data such as DNA.
2. The trial: If the case goes to trial, both the prosecution and defence will present their evidence. The burden of proof lies with the Crown, who must prove the allegations beyond a reasonable doubt.
3. Sentencing: If convicted, the sentencing will depend on the severity of the assault and any aggravating factors, such as the use of a weapon or the involvement of minors. Mandatory minimum sentences may apply in some cases, particularly for aggravated sexual assault.

Consequences of a Sexual Assault Conviction in Edmonton

A conviction for sexual assault can have life-long consequences. Beyond the immediate penalties of imprisonment, fines, and a criminal record, you may also face:

• Registration on the National Sex Offender Registry: This could severely limit your personal and professional opportunities.
• Restrictions on travel: Many countries, including the United States, will deny entry to individuals with sexual assault convictions.
• Loss of employment opportunities: A criminal record for sexual assault can make it difficult to secure jobs, particularly in positions of trust or those involving vulnerable people.
• Social stigma: Even without a conviction, allegations of sexual assault can damage your reputation and relationships.

Why You Need an Experienced Sexual Assault Lawyer

When charged with a sexual offence, your choice of lawyer can make all the difference. Geoff Green has a proven track record of defending clients against sexual assault and rape charges in Edmonton and throughout Alberta. His deep knowledge of the Criminal Code, understanding of forensic evidence, and ability to scrutinize the smallest details in witness testimony give him the tools to build a strong defence.

How an Edmonton Sexual Assault Lawyer Can Help:

• Expert legal advice: Geoff Green will help you understand the charges against you and the potential consequences.
• Personalized defence strategies: Every case is different, and Geoff will develop a strategy tailored to the specifics of your case.
• Negotiation with the Crown: In some cases, charges can be reduced or dismissed through effective negotiation.
• Court representation: If your case goes to trial, Geoff will represent you and ensure that your rights are upheld throughout the process.

Resources and Support for Victims of Sexual Assault

If you or someone you know has been the victim of sexual assault, it is essential to know that there are resources available to support you through this challenging time. Sexual assault can have long-lasting emotional, psychological, and physical effects, and you are not alone. Numerous organizations provide assistance, including counseling, medical support, and legal advice.

• Victim Services Units: Many police departments in Alberta have victim services units that provide crisis intervention, emotional support, and assistance with navigating the legal process.
• Sexual Assault Centres: The Sexual Assault Centre of Edmonton (SACE) offers free counseling, a 24-hour crisis line, and support through medical and legal proceedings.
• Victim Compensation: Alberta’s Victim Assistance Program may offer financial support to cover costs related to medical expenses, counseling, or lost income as a result of the crime.

It is important to report the crime to the authorities and seek medical attention, even if you choose not to pursue legal action immediately. There are services in place to protect and help you during this time.

Legal Rights for Victims of Sexual Assault

Victims of sexual assault in Edmonton have specific legal rights that help protect their interests during the investigation and court proceedings. Understanding these rights can provide relief during what can be an overwhelming experience:

• Right to Protection: Victims can apply for protective orders or peace bonds to prevent further contact with the accused.
• Right to Information: As a victim, you have the right to be informed about the progress of the case, including trial dates and sentencing outcomes.
• Victim Impact Statements: You have the right to provide a victim impact statement, which is considered during sentencing to inform the court of the emotional, physical, and financial impacts the crime has had on you.

If you need legal advice or support, there are organizations dedicated to helping victims of sexual assault understand their legal rights and navigate the justice system.

Get Immediate Legal Help from a Criminal Lawyer in Edmonton

If you have been charged with sexual assault or rape in Edmonton, it is crucial to seek legal advice as soon as possible. Geoff Green is ready to help you understand your rights, build a strong defence, and work towards the best possible outcome. Do not face these serious charges alone—contact Geoff Green today for a confidential consultation. Early legal intervention can make all the difference in protecting your future.