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Investigation following criminal charge could lead to dismissal

Sexual assault charges should of course be taken seriously. When they are pursued by the Crown it is possible that the accused could be found guilty and face harsh penalties. Ideally, a defense will begin to be crafted during the investigation phase before charges have been leveled. This means someone facing a charge should contact a lawyer as soon as he or she believes that they are under investigation. 

Though stressful, a criminal charge does not automatically mean that someone will be found guilty. There are multiple steps between a charge and the point at which a decision regarding guilt is made. Along the way there are many places where the charges could be dismissed. This is illustrated by a decision recently made by the Crown regarding a sexual assault and criminal harassment charge that was filed against a Toronto man.

The man, a gynecologist was accused of inappropriately touching a 26-year-old woman he was treating.

After the man was charged with the crimes, the Crown took another look at the evidence related to the case. An expert report was a part of that evidence. It indicated that there was nothing about the care the man provided the woman that was inappropriate. Accordingly, the Crown decided to not pursue the charges and withdrew them.

The outcome in a criminal case is never guaranteed. Because of this it is important that those facing charges make sure they have a criminal defence lawyer on their side to make sure their rights are protected.

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