
Facing sexual assault charges in Alberta can feel overwhelming. The criminal justice system is complex, the consequences are serious, and the stigma alone can impact every part of your life.
If you’ve been accused of sexual assault, understanding what you’re up against is the first step to building a strong defence.
This guide explains how sexual assault is defined under Canadian law, what happens after you’re charged, and how an experienced criminal defence lawyer in Edmonton can protect your rights and help you navigate the legal process.
What Is Considered Sexual Assault Under Canadian Law?
Under Section 271 of the Criminal Code of Canada, sexual assault refers to any form of unwanted sexual contact or touching without consent. It includes a broad range of conduct, not just acts involving penetration.
The law does not require physical injury for a charge to be laid. What matters most is the absence of consent, which must be voluntary and ongoing.
If a person is unconscious, intoxicated, manipulated, or coerced, consent is not valid.
Read the full law: Criminal Code, RSC 1985, c C-46, s 271
Types Of Sexual Assault Charges You May Face
Sexual assault charges can be laid as summary offences or indictable offences, depending on the seriousness of the allegation.
Summary charges are generally reserved for less severe cases and come with lower maximum penalties.
Indictable charges are more serious and often involve:
- Use or threat of a weapon
- Alleged victims under the age of consent
- Bodily harm or repeated misconduct
These factors influence bail decisions, trial procedures, and sentencing if convicted.
Your Rights As The Accused In Alberta
If you’ve been charged with sexual assault, you still have constitutional protections. Some of the most important rights include:
- The presumption of innocence
- The right to remain silent
- The right to speak with a lawyer immediately
- Protection against unreasonable search and seizure
These rights are protected by the Canadian Charter of Rights and Freedoms, particularly Sections 7, 8, and 10.
Knowing your rights and exercising them properly is crucial. What you say or do after an arrest can directly affect your case.
What Happens After A Sexual Assault Charge?
The process typically starts with a police investigation. If the officer believes there’s reasonable and probable grounds, they can lay a charge.
You may be arrested, fingerprinted, and released on conditions or held for a bail hearing.
In Edmonton, the timeline usually includes:
- Initial court appearance
- Disclosure of evidence (known as “Crown disclosure”)
- Bail conditions, such as no-contact orders
- Pre-trial conferences or resolution meetings
- Trial (if no resolution is reached)
You must follow all release conditions carefully, especially no-contact provisions. Violating them can lead to additional charges.
Building A Legal Defence For Sexual Assault Charges
Hiring a skilled sexual assault lawyer in Edmonton is essential for preparing a defence. Every case is different, but common legal strategies include:
- Consent defence: Proving the interaction was consensual
- Identity defence: Arguing mistaken identity or unreliable identification
- Credibility challenges: Questioning inconsistencies in the complainant’s version of events
- Charter violations: Suppressing evidence due to police misconduct
Defence lawyers will also examine electronic records, medical evidence, and witness statements. In some cases, expert testimony may strengthen your defence.
The Impact Of A Conviction
The penalties for a conviction can be life-altering. Depending on the circumstances and charge classification, you may face:
- Imprisonment of up to 10 years or more
- Mandatory registration in the Sex Offender Information Registration Act (SOIRA)
- Probation or parole restrictions
- Immigration consequences if you’re not a Canadian citizen
- Restrictions on employment and travel
A conviction stays on your criminal record, which can affect housing, education, and future job prospects. Even being charged can damage your reputation.
Why You Need A Criminal Defence Lawyer In Alberta
Sexual assault cases are some of the most complex in the criminal system. The emotional nature of the allegations, the burden of proof, and the procedural rules require focused legal expertise.
A criminal defence lawyer in Edmonton will help by:
- Interpreting the evidence and building a strategy
- Negotiating with the Crown Prosecutor for possible withdrawal or reduction of charges
- Challenging unlawful search or arrest procedures
- Representing you at trial, including cross-examination of witnesses
Having the right legal support can reduce your risk of conviction and help protect your rights at every stage.
Frequently Asked Questions
Can I Be Charged If There Is No Physical Evidence?
Yes. Sexual assault charges can proceed based on the testimony of the complainant alone. The credibility of both parties is assessed in court.
Can Charges Be Dropped Before The Trial?
Only the Crown Prosecutor can withdraw charges. This happens if there’s insufficient evidence or if proceeding is not in the public interest.
Will My Name Be Made Public?
In most cases, the identity of the accused is public, while the complainant’s name is protected under a publication ban.
What If The Allegation Is False?
False accusations do happen. A skilled lawyer will carefully examine inconsistencies, motives, and evidence to raise reasonable doubt in court.
Final Thoughts: Early Action Makes A Difference
If you are facing a sexual assault charge in Alberta, don’t delay. The consequences are serious, and early legal advice can be the difference between a conviction and a dismissal.
Understanding your rights and preparing the right defence with a lawyer is your best option to protect your future.
About Us
Slaferek Law is a criminal defence firm in Edmonton with a focused practice in sexual assault and domestic assault defence. We represent individuals who have been charged with serious offences and ensure their rights are protected throughout the legal process.
Our firm is committed to giving you the legal support you need to fight back confidently and effectively. Contact us today for more information.