According to the most recent statistics, only 21% of Canadian sexual assaults reported to police result with a trial. Sexual assault is also the only violent crime in Canada not declining—in 2021, there were more than 34,200 reports of sexual assault in Canada. 

Still, considering how common sexual assault charges and trials still are in Canada, trying these charges remains complex. 

But what is it about these trials that makes them particularly challenging?

Legal Complexities in Sexual Assault Trials

Here are some of the unique challenges that can make sexual assault trials more complicated.

1. Definition and Consent

The legal definition of sexual assault along with the concept of consent are often at the core of these cases. 

In Canada, consent must be voluntary and affirmative. The absence of consent is often the primary issue in these cases. However, proving or disproving consent tends to be tough.

2. Evidence and Corroboration

Sexual assault can lack physical evidence, making the witness’s testimony that must more important. The requirement for corroborative evidence has been largely removed from the legal system, but the absence of such evidence can still pose significant hurdles in court.

• Testimonial Evidence: Often, the case hinges on the testimonies of the complainant and the accused. However, these cases often don’t have any other witnesses so it will come down to one person’s word against another. 
• Physical Evidence: Even when physical evidence, including DNA, is present, it may not conclusively prove lack of consent. This can make it harder for the jury to interpret exactly what that evidence means. 

3. Cross-Examination

The cross-examination of the complainant is one of the most difficult components of the sexual assault trial. The defence has to challenge the testimony without appearing to bully or re-traumatize the complainant. 

This is just one reason it’s so important to hire a BC criminal defence lawyer who is experienced in finding this fine balance. 

4. Delayed Reporting

Delayed reporting of sexual assaults is common due to the trauma and fear victims experience. However, this can complicate the legal process. The victim’s memory of the assault and the presence of physical evidence can both diminish over time.

Defence Against Sexual Assault Charges

Don’t give up or assume there’s no way you can win your case—only one in nine cases of sexual assaults reported to police in Canada result in a conviction.

For personalized legal assistance and a fierce advocate in your corner, contact Jerry Steele today.