Falsely accused of sexual assault and charged by the police in Ontario, Canada

The word of the complainant alone is enough for the police to press charges.

Since sexual assault is a horrible crime, it is also a horrible crime to be falsely accused of. Many people don’t realize that all it takes is one person to accuse you of committing a sexual assault against them to the police and you will be criminally charged based on their word (evidence) alone. In fact, Ontario domestic violence policies require the police to proceed with charges in virtually all reported circumstances that could support a conviction if believed at trial.

Since all it takes is one false complaint being made to the police, it is surprisingly easy to be charged with sexual assault in Canada.

Many people do not think about this much until they themselves get charged and begin to do some research into the topic. For some people it is hard to believe that a person can be sentenced to up to 10 years in prison, a permanent criminal record, and be labeled a registered sex offender for life just based on one person’s word alone being believed in court.

This is the state of the law in Canada and why you need a lawyer immediately if you have been charged with sexual assault by the police (given a Form 10 Undertaking or Form 11 Release Order).

Sexual assault does not just include rape (intercourse)

Any unwanted sexual touching or contact with a sexual organ could support a sexual assault charge and finding of guilt. We have seen sexual assault charges for kissing someone on the hand, slapping someone on the buttocks, and other relatively mild forms of sexual contact. In cases where the accused is found guilty, it would be considered a mitigating factor on sentencing if the non-consensual touching was found to be relatively light (above clothes, brief in duration, etc.).

Why would someone be falsely accused of sexual assault?

False sexual assault claims can come about for a variety of reasons. Some reasons for false sexual assault claims include:

1. To gain an advantage in the civil or family court system
2. To avoid responsibility after getting caught cheating
3. Complainants who change their mind after consensual sexual contact has taken place (after they initially provided legal consent)

There are myriad reasons for false claims. Revenge, money, custody/access to kids. False accusations can also have somewhat innocent explanations like mistaken identities, flawed memories, etc. Some people are perhaps more likely to be falsely accused than others depending on their financial situation.

Someone with a lot to lose financially (house, assets) can easily find themselves subject to a false accusation by a complainant looking to sue them after conviction (possibly for millions of dollars). The falsely accused often meets the complainant online (dating, sugar daddy, and other meet up sites) who later files a false police report against them.

In cases involving long term relationships, feelings of betrayal or disputes over property, custody/access to children, and other family law issues may lead to false claims.

I have been charged with sexual assault (s. 271). What should I do now?

If you have been charged you will have either a Form 10 Undertaking or a Form 11 Release Order with a court date on it. These are extremely serious allegations and it is important that you take steps immediately to deal with your case.

A defendant facing a sexual assault charge should:

1. Ensure compliance with all release conditions
2. Hire a criminal defence lawyer immediately
3. Preserve all evidence documenting their interactions with the complainant (text messages, pictures, etc.) including taking screenshots of media and other communications that may be later deleted.

Time is of the essence. There may be something that proves your innocence in your phone or on a social media server. This could be messages, pictures/videos, maps tracking data, financial records, etc. Your accuser will be telling a story of what they say happened and you may have proof that they are lying, or are not a credible witness, right in your phone.

Many cases come down to whether or not the evidence of the complainant is believed. If their story is riddled with untruths and inconsistencies this may be enough for the court to find reasonable doubt and acquit you. In some cases, the Crown Attorney may even agree to drop the charges prior to trial if they believe there is no reasonable prospect of conviction.

There is no such thing as a minor sexual assault allegation. If you or someone you want to help has been charged give us a call now for immediate assistance.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2023 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2023. Past results are not necessarily an indication of future results.

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