Sexual assault

i got charged today for sexual assault but the victim does not even want to press charges cause we both think it was not sexual assault. so my question is why am i getting charged still

Asked 12 months ago in Picton, Ontario
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

It is not up to the complainant to decide if charges are appropriate.  If s/he (or a 3rd party witness) reported the incident and the police believe on reasonable grounds that an offence has taken place, they will lay the criminal charge. Moreover, after the charge is laid, it is not up to the complainant to decide whether the prosecution should proceed or not - that decision is squarely left to the Crown Attorney.  The Crown must act in the public interest when deciding whether to proceed with a prosecution, and not just look at the individual complainant.
Andrew Captan
Toronto Criminal Lawyer

Posted 12 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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