Assault

An assault is defined as a direct or indirect touching, without the consent of the person touched. An attempt or threat may be sufficient. There are numerous defences, including self-defence and the defence of consent. Many sexual assault cases turn on the believability of the person making the allegation.

Allegations of spousal assault can be even more complicated. The Office of Crown Counsel has declared a "zero tolerance" policy with respect to domestic assault. They will be very hesitant to decide not to proceed in a case involving allegations of violence between two people in a relationship. Once the allegation is made, you may have little option but to go to court.

You should discuss your case with a lawyer. Issues will arise in involving such things as child witnesses, the defences of consent or mistaken belief in consent, expert witnesses, the burden of proof and the issue of credibility, evidence of the complainant's sexual activity and other matters. Contact us, we can help.