647-228-5969
     *2023 Results: Approx. 99% of Mark Zinck's clients avoided a criminal record (conviction) for charges of theft, fraud, assault, mischief and threats.

Sexual assault lawyer tactics used to defend against false complaints

Since some sexual assault charges are based primarily on the word of the complainant alone, defence lawyers must point out inconsistencies in their statements. Alleged sexual assault victims will often have made numerous statements about what happened which form part of the case against the accused.

Prior to trial, this includes things said to:
  1. The accused defendant
  2. 911
  3. The police at the scene/doorstep
  4. Friends and other involved third parties
  5. Text messages
  6. Recorded voice conversations
  7. Video statements at the police station (under oath/KGB or otherwise)
  8. On social media
  9. Written statements provided as evidence
  10. During testimony at a preliminary hearing
A good defence lawyer will carefully examine all of these statements for contradictions, changes to their story, and logical fallacies. If the complainant keeps saying different things, they are less likely to be believed by the judge or jury.

Logical fallacies in the stories of sexual assault complainants

Since the truthfulness of the complainant’s words alone is often relied on to determine guilt, the accused’s lawyer must look to find logical fallacies in their story (if they exist). This includes examining the dates and times of what was said. If the complainant is lying about what happened, they may state as fact things that are simply impossible, particularly with regards to dates and times.

Comparison of the alleged victim’s statements to bank receipts, phone records, and video evidence

A good defence lawyer will try to gather as many time stamped records as possible to compare with the statements of the complainant in searching for inaccuracies and inconsistencies. This can include banking timestamps, times of usage of entry fobs/codes, cctv video evidence, phone call logs, and text messages sent on the night in question.

If there are discrepancies, the defence lawyer will want to put this to the complainant during their cross examination at trial. If things don’t make sense, this may alone be enough for an acquittal.

Getting sexual assault charges dropped prior to the trial date

In some cases, the defence may be able to convince the Crown Attorney (prosecutor) to drop the charges because the statements made by the complainant are overwhelmingly not credible (no reasonable prospect of conviction). Judicial input via a judicial pre-trial (JPT) may aid in convincing the Crown to withdraw the case. Such deals may be made with or without the accused entering into a peace bond.

Cross examination of the complainant at trial

Prior to conducting a cross examination, the accused’s lawyer should have a grasp of all previous statements and inconsistencies made. In cases where the Crown is aware of the inconsistencies in the complainant’s story, they may point these out to the complainant in advance to allow them to attempt to explain it to the judge or jury.

If inconsistencies are put to the complainant by the defence, they may offer new information (a different story) to explain them. Sometimes the complainant will testify that going to court has “opened their mind” to things they forgot to mention before. It is up to the judge/jury whether this raises a reasonable doubt or not.

Testimony of the accused

If the accused wishes to testify, and their story is believed, the judge/jury must acquit regardless of the believability of the complainant (as per R. v. W. (D.), [1991] 1 S.C.R. 742). In cases where the complainant’s evidence is not believable, the accused may choose not to take the stand at all. The burden is on the Crown to prove the accused committed the offence.

At trial, the defence will always have the benefit of watching the complainant testify before deciding whether to take the stand or not. Some complainants provide much better, more believable evidence than others (whether truthful or not). The system does not require the accused to testify or prove themselves to be innocent, but they may choose to take the stand if they feel the complainant’s testimony is capable of being believed.



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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.


    call now: 647-228-5969

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Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration/IRCC issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel

* Please note:

If you are not a paying client, we cannot answer questions and provide assistance about avoiding jail and/or a criminal record, employment background checks, IRCC/immigration applications and status, or travel to the U.S. in the future. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can respond to calls and emails relating to current Ontario criminal cases. Please see our FAQ for a listing of the courthouses we service.


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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   Criminal Information:



   We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration/IRCC issues
  • Employment background check advice and services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel