Defending Sexual Assault Charges

Sexual assault charges are always to be taken seriously and a conviction will carry lifelong consequences from jail to being a registered sex offender. Sexual offences carry an ugly stigma unlike any other criminal offence(s).

These trials often turn on the credibility of the complaint. I have had great success in winning these cases before Judges and/or Judge and Jury. I have won by raising a reasonable doubt based solely on my skillful cross-examination of the complainant and other prosecution witnesses without my client giving evidence; and I have won on my cross-examination of the complainant and other prosecution witnesses and the client giving evidence and raising a reasonable doubt. These cases often turn on the "fact" situation as well as the quality of the defence lawyer's conduct of the trial.

They may involve constitutional questions as well as other legal protections afforded to an accused person. They involve specific laws relating to sexual assault prosecutions, as for example, the so called "rape shield laws", etc. In my extensive experience the end result of winning the client's case is directly tied to the quality and comprehensiveness of the lawyer's preparation.

While these cases are very "fact specific" and, as stated, often turn on issues of credibility, it is simply legally wrong to believe that the question for the judge and/or jury is simply - who do I believe? Whose side do I accept? No - the real issue is that of credibility and proof beyond a reasonable doubt. For example, where the client says that the sexual act(s) did occur but it was consensual - then the onus is on the prosecution to prove its case beyond a reasonable doubt that it was not consensual. Once the trial begins, the client is presumed innocent and the prosecution can get a finding of guilt/conviction only if the prosecution proves the client's guilt beyond a reasonable doubt. If the client takes the stand and gives testimony and he is believed then a not guilty verdict must follow. If the client takes the stand, gives testimony and is disbelieved but the testimony leaves the judge and/or jury with a reasonable doubt, then he must be found not guilty. Only if the client is disbelieved and his evidence does not leave the judge and/or the jury with a reasonable doubt and, on the basis of all the evidence which is accepted by the judge or the jury beyond a reasonable doubt, then and only then may (not must) the judge or the jury find the client guilty.

The above is one example but that is not the only way to defend such charges. Other defences may be available, for example, it may be a question of identification, alibi, or involve constitutional rights violation(s) which may result in exclusion of critical evidence etc. I am convinced, through my numerous trial experiences, that the defence lawyer's cross-examination is critical to the outcome of these cases. I have also had success in defending extremely serious sexual assault allegations and securing a not guilty result for my client without my client having to testify because my skilled cross-examination raised a reasonable doubt as to the credibility/believability of the complaint's allegations. I have had success in securing a not guilty verdict where the client had to testify. In that case, my job was to vigorously cross-examine the prosecution witnesses consistent with the defence but, in addition, it was critical to prepare the client to testify in court so that the client would be able to give credible evidence and be able to withstand the anticipated cross-examination by the prosecutor.

Successfully defending a client against sexual assault charges is not always straightforward. It starts with understanding the core issues , analyzing the evidence and then preparing a defence plan to win the case.

My name is Joseph LoConte and my job as your defence lawyer is to help you win your case or obtain the best outcome possible.

Defending You Against Sexual Assault Charges

As one of the region's longest practicing criminal defence lawyers, I've spent over 30 years defending citizens throughout the Niagara Region and the surrounding areas fight charges such as:

  • Sexual Assault
  • Aggravated Sexual Assault
  • Sexual Interference
  • Voyerism
  • Luring, Child Pornography, etc.

Know Your Chances. Know your Rights. Defend Yourself.

Many client's are going through the criminal justice system for the first time. Most of them don't know how to proceed. Few are aware of whether their constitutional rights were violated by the authorities. Fewer are aware that police constitutional violation(s) may lead to a not guilty result. Most are not aware whether or not the charge(s) are legally proveable beyond a reasonable doubt in court. When you turn to me for help, I will protect your right to fair treatment under the law with the goal of winning your case.

No matter how difficult a situation you find yourself in, as your defence counsel, I will be standing by you to vigorously defend you with the goal of winning the case or obtaining the best result possible.

Get A FREE Professional Opinion

If you've been charged with sexual assault or a sexual related offence your next most important decision is choosing your defence lawyer. You need to get immediate legal advice to ensure that you are able to fully defend yourself. In choosing your defence lawyer ask yourself: Has he "won" many of these contested Sexual Assault trials? Is he experienced? Is he knowledgeable ? Is he committed to fully and vigorously defending me? You need to make the right decision to get the right lawyer. Call me for a free initial phone consultation at 289-271-4179 or email me through my online form to arrange a consultation.