Your Sexual Offences Lawyer Serving Brampton

YES. There are many Sexual Offense charges that can go forward for a conviction in the Province of Ontario, when there is not one (1) single eyewitness present at the time of the offense, nor will there be physical evidence (i.e. DNA). In these cases the Crown Attorney may use the statement(s), text messages, Facebook posts, etc., as well as any other communication through social media platforms; they also may obtain surveillance footage, medical evidence, as well as having the complainant testify. Most of these types of offenses are about credibility and consent. As such it is imperative that the Crown carefully reviews all available evidence.

Beginning with the question "What is consent in sexual assaults as defined by Canada's sexual assault laws?", this answer will cover the three main elements required for consent under Canadian law; voluntary, continuous, and explicit communication. Consent may never be given when an individual has been rendered unconscious, or incapacitated due to alcohol consumption. Additionally, consent is never legally valid when it is obtained through coercion via threat or force. Also, no one can legally provide consent based on their position within society (abuse of authority). Furthermore, once consent has been provided, that consent may always be revoked by either party involved throughout the entire sexual activity.

The potential exists for this to occur as certain types of sexual offense convictions are subject to mandatory registration under Canada's Sex Offender Information Registration Act. As such, a person may be required to register as a sex offender for several years with associated impacts on their ability to find work, travel, obtain housing and meet other obligations (for example; reporting).

A sexual offense allegation or conviction can result in severe, long-term ramifications outside of a criminal court. A conviction of a sexual offense could impact an individual's ability to receive or maintain professional licenses; their chances at finding employment; their immigration status; traveling abroad; their position as a volunteer; and/or their overall reputation. Many companies will perform criminal history background checks on potential employees, particularly when the employee is going to be working with minors; vulnerable adults; health care professionals; teachers; and/or people that require national security clearance.

Can a text message, post on a social media site or other digital communication be used as proof that an offense has occurred? Yes. The police will often utilize digital evidence when investigating sexual offenses. The police and courts use digital evidence (text messages, dating app communications, email communications, photos posted to social sites, cell phone records etc.) for evidence in court. Sometimes prior or subsequent digital communication can help assess credibility and/or whether there was consent.