Criminal Defence
Sexual Assault Defence Lawyers in New Brunswick and Nova Scotia
A sexual assault charge is defended on the evidence of consent, and the rules governing that evidence are the most technical in the Criminal Code. A sexual assault defence lawyer at this firm plans the case around them from the first appearance, in New Brunswick and Nova Scotia. The applications that decide what a judge or jury will hear are made months before trial.
Sections 271 to 273 Define the Offence and S. 273.1 Defines Consent
Section 271 covers any assault of a sexual nature. Sections 272 and 273 add weapons, bodily harm and aggravation. Consent under s. 273.1 is the voluntary agreement of the complainant to the specific activity at the time. It cannot be given in advance or while incapacitated. Honest but mistaken belief in communicated consent under s. 273.2 requires reasonable steps. Most cases turn on credibility and reliability, two accounts tested against the surrounding evidence.
A Sexual Assault Defence Lawyer Wins or Loses the Case at the S. 276 and S. 278 Hearings
There is no limitation period, and historical allegations decades old are common. In those cases the defence is built on what time did to the evidence. Under s. 276 the complainant’s other sexual activity is inadmissible without a hearing. Under ss. 278.1 to 278.97 the complainant’s private records, and records in the accused’s own hands such as messages, cannot be used without an application at which the complainant has standing and counsel. These hearings are where the case is won or lost, and counsel who file late lose them. A conviction carries jail, sex offender registration, a DNA order and lifetime consequences, which is why these charges are tried far more often than pleaded. The s. 486.4 publication ban protects the complainant and, in practice, limits reporting of the whole case.
Nova Scotia Has Specialised Crowns and the Election Differs by Province
Nova Scotia has a dedicated sexual violence prosecution policy and specialised Crown attorneys. Election is between the Provincial Court of New Brunswick and the Court of King’s Bench, or the Provincial Court of Nova Scotia and the Supreme Court, by judge alone or jury.
Each Province Has Its Own Defence Page
I Have Messages Showing Consent.
They can be used, but only after a records application made well before trial. Produced for the first time in the witness box, they are excluded.
Should I Explain My Side to the Police?
No. The interview exists to obtain admissions. Exercise the right to silence and speak to counsel first.
Read the firm’s sexual assault penalties guide and defending historical allegations. The civil side is at sexual abuse claims; the other charges at criminal defence.