Sexual assault accusations can be extremely distressful. They may cause flashbacks, nightmares and anxiety attacks.
Sometimes a complainant decides they no longer wish to prosecute, opting for charges to be dropped instead. This decision can have serious ramifications on their relationships, careers, and families.
In this text we will try to answer the question: How to get sexual assault charges dropped?
Peace Bond
If you have been charged with sexual assault, there are various strategies you can use to get them dropped. First and foremost, consult the best sexual assault victim lawyer NYC; they will guide you through the legal process and present your case effectively. They also know which arguments to use against you in court and can help to have them dropped.
The Crown may withdraw charges against you if it believes it would not serve justice to have you carry a criminal record, especially for minor allegations. A criminal record can have disastrous effects on both professional and social life; job prospects may diminish while moving into new homes may become impossible.
Note, however, that they will likely not drop charges in cases involving more serious offences like rape or aggravated sexual assault with weapons.
If your charges have been dismissed, a peace bond or discharge will likely be issued as part of the agreement. A peace bond requires the accused to keep the peace and be of good behavior during a set period; they also must abide by any conditions set by the court.
If they violate any conditions set out in their peace bond agreement, report it immediately to police; additionally request an official certified copy so you have evidence should they break it again.
Discharge
Most less serious sexual assault charges don’t go to trial and instead are settled before trial; typically with the assistance of a defense lawyer. They may negotiate for peace bonds and an absolute or conditional discharge on their client’s behalf; this will leave an arrest record but not conviction records and could include community service work, donation of charity items or professional counselling sessions for them as a form of restorative justice.
Sometimes a complainant wants to withdraw charges because the intensity of criminal proceedings will do more harm than good for both them and the accused person. In such an instance, it is up to the Crown prosecutor whether to grant such withdrawal.
Sexual assault accusations may also be made up by people looking for revenge, custody or immigration status. False accusations can ruin employment prospects, professional licensing and financial aid opportunities; having a criminal defence lawyer on your side can uncover any ulterior motives and use that against the accusation itself.
An assault conviction carries significant jail time and can impede your ability to find employment, obtain visas or immigrate to Canada. Therefore it is vitally important that you seek the appropriate legal advice as soon as possible.
Refusal to Testify
If a victim wishes to withdraw criminal charges, they should consult their lawyer and seek guidance from other sources before making their decision. Victim advocates available at RAINN or National Sexual Assault Hotline or local service providers may offer guidance; however, victims cannot force the Crown into dropping such allegations against an accused.
If the accused can show that the victim lied in their case, this may lead to charges being dismissed or reduced. Evidence showing inconsistencies within their story could also help. Furthermore, medical evidence showing testifying will cause psychological harm may also provide justification for dropping them altogether.
Level 1 cases, such as touching someone’s breast or buttocks, may allow for dismissal of sexual crime charges; it is more difficult in level 2 or level 3 sexual assault cases involving rape.
A defence attorney can assist by showing that sexual activity was consensual by showing how the complainant could give consent through words, actions and body language; they could also argue that seeking revenge as motivation to file false reports for sexual crimes does not qualify as valid excuse.
Defence Lawyer
Defence attorneys can help get sexual assault charges dropped by conducting an exhaustive examination of evidence and uncovering discrepancies, scrutinizing accuser credibility and uncovering previous dishonesty or motives to make false allegations against their client.
By providing this evidence to police and prosecutors they can create reasonable doubt about accusations and have them dropped altogether.
Some victims may feel intimidated or threatened by the prospect of testifying at an accused person’s trial and believe it could place their mental health in jeopardy. In such instances, they can write to the Crown prosecutor asking that charges against them be dropped; however, such requests will most likely not be accepted by Crown attorneys.
Even if a sexual crime charge against you is ultimately dropped, the mark it leaves on your record will have lasting repercussions and could negatively impact your career and relationships. Furthermore, it could impede future attempts to obtain professional licenses or financial assistance in the future.
For this reason, it is highly advised that you seek legal advice from a criminal defence lawyer for sexual assault to safeguard your rights and fight for your freedom while providing advice on the most suitable course of action to take in this instance.
Also read: What are the Reasons for Extradition?
