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
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.
Toronto Criminal Lawyer
Posted 12 months ago
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