New Brunswick Sexual Assault Defence Lawyers

A sexual assault charge in New Brunswick is defended on the evidence of consent, and the Criminal Code puts that evidence behind its own set of pre-trial applications. A New Brunswick sexual assault defence lawyer plans the case around them from the first appearance, because the applications that decide what a jury will hear are made months before trial.

Section 271 Turns on Consent as S. 273.1 Defines It

Section 271 makes any assault of a sexual nature a sexual assault. ss. 272 and 273 add weapons, bodily harm and aggravation. Consent under s. 273.1 means voluntary agreement to the specific activity, given at the time. It cannot be given in advance, by someone incapable, or under an abuse of trust. The defence of honest but mistaken belief in communicated consent under s. 273.2 is available only where the accused took reasonable steps. Most cases come down to credibility. Two accounts, no witnesses, and the judge’s assessment of each.

Historical Allegations Have No Limitation Period and Are Defended on the Evidence Gap

There is no limitation period. New Brunswick sees many charges arising from events twenty or thirty years earlier, and the defence is different. It turns on the absence of records, the reliability of memory, the circumstances of the disclosure, and the inconsistencies between the complainant’s statements over the years. Delay itself is not a defence. What delay does to the evidence can be.

Sections 276 and 278 Applications Decide the Evidence Months Before Trial

Under s. 276 the accused may not lead evidence of the complainant’s other sexual activity without a hearing and a ruling. Under ss. 278.1 to 278.97 the complainant’s private records, counselling notes, medical files and, since 2018, records in the accused’s own possession such as messages, are subject to an application before they can be used. These hearings are the part of the case a New Brunswick sexual assault defence lawyer spends the most time on. Counsel who file late or file badly lose them, and the evidence with them.

The Accused Elects Provincial Court or King’s Bench, and a Publication Ban Applies

The Crown almost always proceeds by indictment. The accused elects the Provincial Court of New Brunswick, or the Court of King’s Bench of New Brunswick by judge alone or judge and jury. A preliminary inquiry is available only where the maximum is fourteen years or more, which for s. 271 means only where the complainant was under sixteen. A publication ban under s. 486.4 protects the complainant’s identity and, in practice, keeps the accused’s name out of most reporting too.

A Conviction Brings Jail, Registration and a DNA Order

A conviction carries a possible jail sentence, registration under the Sex Offender Information Registration Act, a DNA order, and a lifetime of consequences for employment, travel and custody. An acquittal or a withdrawal is the only outcome that avoids all of them, which is why these cases are tried far more often than they are pleaded.

The Moncton office and the Saint John office defend these charges across the province, with the discretion they require.

I Have Text Messages That Show She Agreed. Can I Use Them?

Probably, but only after a records application under s. 278.92, made well before trial. Messages produced for the first time on the stand are excluded.

The Complainant and I Were in a Relationship. Does That Matter?

A relationship is not consent. It may be relevant to the circumstances of the alleged event and to credibility, but it goes through the s. 276 procedure like anything else.

Should I Talk to Police Before a New Brunswick Sexual Assault Defence Lawyer?

No. Police interview suspects to obtain admissions. Speak to counsel first. Nothing you say in that room can be taken back.

Will My Name Be in the News?

The publication ban covers the complainant. Court proceedings are public, but in practice a s. 486.4 ban makes most reporting of the accused impractical, and we address publicity directly where it arises.

Read the firm’s sexual assault penalties guide and defending historical allegations in New Brunswick. The civil side of these cases is at New Brunswick sexual abuse claims. Other criminal areas are under injury law areas.