Sex Offences “Special Considerations”
In the 21st century the rules governing interpersonal relations (including intimacy) are constantly shifting. Conduct which may in the past have been brushed off as a misguided amorous advance may now form the evidentiary basis for a sexual assault prosecution.
The fact that you may be entirely innocent will not avail or otherwise spare you the risk, uncertainty and anxiety associated with criminal proceedings. Furthermore, you cannot rely on the police to conduct a thoroughly sufficient and impartial investigation to either confirm or refute a complaint. More often than not the police (due in part to limited resources and political exigencies) will simply place you under arrest, institute criminal proceedings and let the courts sort it out. Meanwhile, your future hangs in the balance.
Everyone is abundantly aware (or should be aware) of the fact that “no” means “no” and that stereotypical beliefs and myths surrounding sexual activity have absolutely no place in our criminal justice system. What happens, however, when the “yes” clearly communicated to you during the heat of the moment is transformed into a “no” the next morning, a week or years later? What happens when consent to engage in sexual relations is non-verbal and you’ve misapprehended the signs? What do you do when your estranged spouse or significant other falsely accuses you of molesting your own child?
ANSWER: Hire the best criminal defence lawyer you can find.
As with many areas of practice where the stakes are exceedingly high, there is no substitute for experience. Over the past 25 years Patrick Fagan has defended a multitude of sexual assault prosecutions and he has an established record of success. If you are wrongfully accused of a sexual offence Patrick Fagan would be pleased to meet with you to discuss your case.