Sexual assault he said she said
what happens during a sexual assault case if the defendant denies the claims made by the victim and there is no physical evidence?
The scenario you describe -- an allegation where the complainant alleges one things while the defendant denies the allegation with no physical evidence to tilt the balance either way -- is extremely common in sexual assault cases.
In these circumstances, Crowns will usually proceed to prosecute the cases and the credibility of both the complainant and the defendant become critical in allowing the Judge to assess whether the case is proven beyond a reasonable doubt.
It is important for the defendant to be able to pick out inconsistencies in the complainant's version of events and hold the Crown to the very high standard of proof in criminal cases.
My firm has extensive experience addressing sexual assault cases just like this one. Please visit our website at www.CrimLawCanada.com and contact me if you would like to schedule a consultation where we can discuss the specific facts of your case.
Posted 4 months ago
Edward D. Prutschi
Adler Bytensky Prutschi Shikhman
5000 Yonge Street, Suite 1708
Toronto, ON M2N 7E9
The information contained in this response is not intended to be a substitute for independent legal advice. Every situation is unique and the law is constantly changing. Always consult a lawyer with your own particular questions.