Sexual assault is a crime with serious legal consequences that can affect the accused for the rest of his or her life. A strong criminal defence is necessary in any such case to protect the accused from prison time and other penalties, including a lifelong requirement to file as a sex offender. As each case is different, a unique defence strategy must be developed for each individual accused of a sexual offence.
Lawyers at Neuberger & Partners LLP take a team approach to defending against charges of sexual assault and other sex-related crimes. It is often necessary to use a wide range of resources, including technology specialists, private investigators and forensics experts, to uncover important evidence that goes beyond the facts presented by the prosecution. The results of this kind of investigating must also be presented by an experienced criminal defence lawyer to effectively challenge the prosecution's claims.
Not everyone accused of a sex crime is guilty, and sometimes false allegations lead to criminal charges. In some cases, a defence lawyer's careful cross-examination of a witness or complainant can lead to the criminal charge being dropped.
If there is no reasonable expectation of a conviction or if continuing with the prosecution doesn't serve the public interest, then the Crown is obligated to withdraw criminal charges. In any case, persons accused of a sex offence need to be aware of their legal rights. Police and prosecutors do make mistakes, and a criminal defence attorney can closely scrutinize the facts of a case to ensure that an error on the part of authorities doesn't lead to a conviction.