(Calgary, Q.B.). OA was charged with unlawful confinement and sexual assault in Calgary. This case was exceptionally well prosecuted. After days of evidence, including hearing from the accused, the judge properly applied the Supreme Court of Canada's decision in R. v. W.D. and though he did not believe the exculpatory version of the events offered by the accused, he articulated cogent reasons to explain why he was left with a reasonable doubt. OA was found to be "not guilty" Proof beyond a reasonable doubt is sometimes artistically thought of as the "silver thread" in criminal justice (the golden thread being the presumption of innocence). The gold and silver threads operate together to ensure the integrity of our justice system; which is designed guard against wrongful conviction. One of the most difficult aspects of our criminal law is that no person -- even the most erudite trial judge -- can really know the truth. Sometimes even the most well intended witnesses do not know the truth. David Chow is a criminal defence lawyer in Calgary who defends all cases, even the most difficult allegations, such as sexual assault.
CALGARY sexual assault lawyer
FREE CONSULTATION: (403) 452-8018
There are many categories of "assault". A less serious kind of assault is "common assault". A more serious kind of assault is assault with a weapon, assault causing bodily harm, aggravated assault and assaulting a police officer. In the assault taxonomy, "sexual assault" carries the most serious stigma. Today, sexual assault is garnering increased attention by the news media and special interest groups.
There are also secondary categories of assault. For example, a person can be charged with an assault in a domestic context. Sexual assault can also be prosecuted as a "domestic sexual assault". This situation often involves allegations against persons within a household.
In our common law, there is also a category of sexual assault called "major sexual assault". A major sexual assault is defined by Courts of Appeal as a sexual assault involving penetration. Accordingly, if the allegation is intercourse, digital penetration or oral sex, the category of assault is "major". A major sexual assault usually triggers a starting point jail sentence if convicted of 3 years in a Federal penitentiary.
What makes a sexual assault different that a non-sexual assault?
Sexual assault involves a touching that is intended to be sexual in nature. With that in mind, accidentally touching somebody in the genital area may not be sexual assault, but touching a person on any part of their body with sexual intent could be sexual assault.
what are the defences to sexual assault?
If you have been charged with a sexual assault in Calgary, Alberta or anywhere else, it is imperative that you hire a sexual assault lawyer to evaluate all potential defences. Some typical defences are "consent" and "honest but mistaken belief in consent". In some cases, the allegations are simply false. Whatever the case, the consequences for the accused are high. Not only does the accused face the social stigma and possible jail, but he or she may be registered on the Sexual Offender Information Registry.
David Chow has run hundreds of trials in his legal career. If you have been charged with a sexual assault in Alberta, call for a free telephone consultation. David is a Calgary sexual assault lawyer of choice. Don't choose just any criminal lawyer, choose the right one. Choose wisely.
Recent Case Results
(Calgary, YC). B.P. was charged with sexual assault, along with another youth. The Crown took a fairly position in sentence, seeking a period of probation with a criminal record. Though a criminal record for a first time young offender is not permanent, its existence could nevertheless have had an impact on the young offender's future prospects. The Defence successfully applied for a conditional discharge, which effectively gave BP a better chance at his early prospects. A conditional discharge is a sentence where the judge finds the accused guilty, but reasons of public interest, does not registered the conviction permanently.. Unlike absolute discharges, conditional discharges are buttressed by a probation order. The offender must complete the terms of the probation order to receive the benefit of the discharge. David Chow is a criminal lawyer in Calgary who defends sexual assault. Call 403.452.8018 for a free telephone consultation.
(Calgary, P.C.). Calgary criminal lawyer, David Chow, secured the withdrawal of a serious sexual assault allegation. Merely being charged with sexual assault can have debilitating life consequences. The accused may not only be subject to strict bail conditions, the stigma attached to sexual assault is obviously extremely negative. Today, the media picks up and covers many sexual assault cases at trial. Where the complainant is often protected by way of a publication ban, the accused is not. That means even if the accused is actually innocent of any wrongdoing, there is nevertheless a high likelihood that he or she will be exposed to significant public scrutiny. If you need to defend a sexual assault case, call A Calgary sexual assault who defends cases throughout the Province at 403.452.8018.
(Okotoks P.C.). The client was charged with sexual assault and sexual interference. Okotoks defence lawyer, David Chow, secured the withdrawal of the charges prior to trial based serious frailties with the evidence. Though this case had a significant impact on the accused while he was awaiting trial, he did not have to go through the actual hardship of trial. The best defence to any sexual assault trial is not to have one. For a free consultation with Calgary defence lawyer, David Chow, call 403.452.8018. Defend yourself.