Sexual assault charges are always to be taken seriously and a conviction will carry lifelong consequences from JAIL, to RESTRICTIONS on your MOVEMENTS (up to life), to giving your DNA sample for possible future prosecution, to being a REGISTERED SEX OFFENDER (up to life depending on the circumstances). Sexual offences carry an UGLY STIGMA unlike any other criminal offence.
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 Niagara Region’s most experienced and successful criminal defence lawyers, I’ve spent over 30 years defending citizens throughout the Niagara Region and the surrounding areas fighting charges such as:
- Sexual Assault
- Aggravated Sexual Assault
- Sexual Interference
- Voyeurism
- Luring, Child Pornography, etc.
Many of these charges are defendable but require full preparation and planning. As your defence lawyer, I will:
- Obtain all the police evidence as against you and thereafter review it with you and study it from the defence point of view
- Determine if any of your constitutional or other rights have been violated by the police and how that can benefit you
- If the matter goes by way of a contested trial and you need to give evidence then you shall be prepared to give evidence in a credible, reasonable and acceptable manner with a view to raising a reasonable doubt as to the allegation and secure a not guilty result.
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.
My Goal: Protecting the Client on Sentencing.
If a conviction is unavoidable (and the client gives informed instructions to enter a plea of guilty) it’s my job to protect the client by way of conducting “plea resolution” negotiations to ensure the best possible sentencing result. Police and/or prosecutors all too often “load up” charges against citizens, that is, they over charge an accused in order to obtain legal and/or practical advantages over the accused. Many of these charges cannot be proven in court and it is the lawyer’s duty to the client, assuming one or more charges are provable in court, to obtain the best possible “plea resolution” for the client. That is to say, to have many of the more serious charges withdrawn and to have the client make an informed plea to the least serious charge (or to a substitute lesser charge etc.) with a view to obtaining the best possible sentence for the client. Often the lawyer’s most important service is the result when the client is sentenced. Sentencing can range from serious jail time (penitentiary) to less jail time, to an intermittent (weekend sentence), to a conditional sentence (house arrest), to a fine and/or probation, to a conditional or an absolute discharge, to a “peace bond” or to some out of court “diversion”. A knowledgeable and committed lawyer who brings his successful fighting reputation to the negotiating table can make all the difference for the client.
Get a FREE Professional Phone Consultation
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 905-357-5554 or email me through my online form to arrange a consultation.