Sexual offences, such as sexual assault, are taken very seriously. It is unquestionable that “no” means “no” and that the normative beliefs surrounding sexual activity have absolutely no place in the criminal justice system. But the rules surrounding interpersonal relations are constantly shifting and have become more complex in the 21st century.
If you have been accused of sexual assault, it is important to seek counsel from a sexual offences lawyer who can help you navigate the complexities of these cases. Unfortunately, you cannot always rely on the police to conduct a thoroughly sufficient and impartial investigation to either confirm or refute the accusation. Oftentimes the police simply place you under arrest, institute criminal proceedings, and let the courts sort it out —in part due to limited resources and political exigencies.
Sexual offences charges can carry long prison sentences. To help defend yourself against these charges, contacting an experienced Calgary sexual offences lawyer is your best option. Over several decades, Patrick C Fagan, K.C. has defended a multitude of sexual assault prosecutions across Alberta and has established a proven record of success.
Defending Calgary Sexual Offences Charges
Navigating sexual offences charges can be difficult. Police usually initiate an investigation into allegations from a complaint, and these investigations can be lengthy and involve intrusive measures. Sometimes the evidence against the accused person only includes witness testimonies or complainant statements. In other cases, the police may obtain forensic evidence.
Seeking legal counsel to help navigate the process of a sexual offences charge is important for your defence. In sexual offences cases, common defences include the following:
- There was consent between the two parties engaged in the sexual activity
- The witness testimonies are not credible and cannot be used as evidence against the accused person
- The accused person mistakenly believed that the other party had consented to the sexual activity
- The accused person has been mistaken for someone else, and the sexual activity never happened
The defence strategy used in sexual offences cases depends on the circumstances in each case. Patrick C Fagan, K.C. has defended clients facing a sexual offence charge, obtaining verdicts ranging from not guilty to the withdrawal of all charges.
Sexual Offences Cases We Defend
Sexual offences are defined as unwanted acts of touch towards one person by another. Such offences include an array of acts related to sexual contact. At the Law Office of Patrick C Fagan, K.C. we defend a range of sexual offences charges, including sexual assault.
In Canada, the Criminal Code defines sexual assault as “any unwanted sexual act done by one person to another or sexual activity without one person’s consent or voluntary agreement.” An unwanted sexual act includes anything from an unwanted kiss, hug, or touch to more serious unwanted conduct, such as sexual intercourse.
35 Years of Experience Tackling Calgary Sexual Offences Charges
When crafting a sound defence strategy against a sexual offences charge, nothing beats experience. The Law Office of Patrick C. Fagan, K.C. has long-standing expertise in successfully obtaining favourable verdicts for clients facing sexual offences charges in Calgary, Alberta. Patrick C. Fagan, K.C. has seen every kind of success, from outright verdicts of not guilty to the withdrawal of all charges.
Man charged with multiple sexual offences – verdict: not guilty
R. v. BAA, [Court of Queen’s Bench of Alberta, Calgary – February 2021]
BAA’s estranged spouse contacted the police and accused him of abusing her over an extended period. The police charged BAA with several offences, including aggravated assault, assault with a weapon, mischief to property, and uttering threats to cause death and/or bodily harm.
Patrick C Fagan, K.C. defended BAA in court and delivered a cross-examination that poked holes in the case for the prosecution. After deliberation, the jury returned with verdicts of not guilty on all charges.
Man charged with sexual assault – verdict: charges withdrawn
R. v. KAR, [Court of Queen’s Bench of Alberta, Red Deer – October 2020]
KAR, a young man with no prior criminal convictions, was involved in a long-term “friends with benefits” relationship with a young woman. After their final sexual meeting, she accused KAR of raping her and called the police, who proceeded to charge KAR with sexual assault.
Patrick C Fagan, K.C. successfully defended KAR, and the Crown completely withdrew all charges against him in exchange for the issuance of a Peace Bond and to have no contact with the Complainant.
What are the consequences of a Sexual Offences charge
The consequences of being convicted of a sexual offences charge can be devastating. They vary depending on the facts of the case, the circumstances of the accused person, and the severity of the offence. The penalties for sexual assault, especially if the charge includes allegations of oral sex or other forms of penetration, carry long prison sentences that can stretch for long periods, often several years in length.
Sexual assault is a “hybrid offence,” which means that the crime can be prosecuted either by way of indictment or by summary conviction, depending on the circumstances of the case. This determination impacts the severity of punishment if the accused person is convicted of sexual assault. In such cases, an indictment can result in up to 10 years in person, while a summary judgment can lead to 18 months in prison.
All convicted sex offenders must also register with the National Sex Offender Registry for a period under the National Sexual Offender Information Registry Act (SOIRA). This can have life-altering consequences, such as difficulties finding employment, travelling, or gaining access to or custody of children.
Considering the severity of the consequences of a sexual offences charge, it is important to seek legal counsel. Even if the accused person intends to plead guilty to the allegations, an experienced Calgary sexual offences lawyer can help you explore your options.
How Patrick C Fagan, K.C. Can Help You
With 35 years of experience, Patrick C Fagan, K.C. understands how to navigate the complexities of sexual offences charges. By carefully crafting a sound defence strategy, Patrick C Fagan, K.C. has helped defend countless clients across Calgary in sexual offences cases. To learn more about how we can help you, call 403-517-1777 or contact firstname.lastname@example.org.