Allegations of sexual assault or other sex crimes such as luring, sexual interference, indecent exposure, or voyeurism are a serious matter, with a conviction seriously altering the course of your life.
Being accused of sexual assault leaves defendants feeling shocked, overwhelmed and confused as they now face the reality of potential lengthy prison sentences, having to register as a sex offender, and handling ongoing public and professional stigma that can significantly hinder your ability to live and work freely. Convictions on such crimes can also negatively impact your ability to travel abroad, particularly to the United States. It’s not uncommon for the stress and fear of the situation to lead to accidental missteps during the legal process. While these mistakes are often well intentioned, they can often lead to problems and even jeopardize the strength of your defence.
At Vayeghan Litigation, we know how crucial it is to have the right knowledge, and the right legal counsel on your side when fighting against allegations of sexual misconduct. Founded by Mo Vayeghan, an Ivy-League educated former Crown Prosecutor in the Province of British Columbia, we’re here to defend and protect your rights when it matters most. Don’t wait, get the help you deserve today!
Below, we’ll highlight 5 common mistakes people make after being accused of assault read on to learn how to avoid accidentally jeopardizing your case.
NEVER Speak to the Police Without Legal Representation
One of the most common mistakes people make after they’ve been accused of sexual assault is thinking that telling their side of the story will exonerate you. Even if you believe yourself to be fully innocent of any allegations, it’s crucial to remember that law enforcement officers are trained to gather evidence that can, and likely will be used against you. Everything you say, no matter how innocent, casual or logical you may think it is, can be used in court. This means that statements made without legal counsel may be misinterpreted or taken out of context, leaving you vulnerable to further prosecution or complicating your defence.When facing questioning of any kind by law enforcement or investigators, always use your right to remain silent and request to speak to your lawyer immediately. Your lawyer will be able to guide you through your rights, prevent you from accidentally saying something you may regret and help discern the best course of action to protect your future.
Do NOT Contact the Complainant
It’s not uncommon for the accused to feel a strong urge to reach out to their accuser in an attempt to reconcile and resolve the situation at hand. While this may feel understandable, especially if you have a close personal relationship or feel that there has been a misunderstanding, reaching out is a serious mistake and one of the worst things you can do for your credibility.
Any communication with the accused, including in person, over the phone, via text, social media, or even through third parties can be used against you in court and may even lead to additional charges.
All contact should go through your lawyer to protect yourself and avoid any further complications that could compromise your case.
Never Discuss Your Case with Anyone Except Your Lawyer
Being charged with any crime is incredibly stressful, and it’s understandable that most people want to turn to their support system, or even social media as an outlet to vent or receive empathy and compassion. The unfortunate reality, however, is that discussing the details of your case with anyone other than your dedicated legal counsel is a dangerous practice.
Friends and family members can be called as witnesses, and what you thought was a private conversation can be brought up in court. Social media can be particularly damaging to your defence, with even seemingly harmless comments being twisted into incriminating evidence by prosecutors.
The best way to protect yourself is to keep all discussions about your case strictly between yourself and your attorney.
Do NOT Destroy Evidence or Attempt to “Fix” the Situation
Most people experience some degree of panic when facing serious accusations like allegations of sexual assault. While this emotion is normal, it is absolutely crucial that you avoid making any rash decisions such as deleting messages, throwing away items, or trying to rectify previous interactions. Even with the best of intentions, such actions run the risk of being viewed as an attempt to obstruct justice or destroy evidence, both of which can be seriously damning and leave you in even more legal trouble. Your lawyer is trained to handle all pieces of evidence strategically; always be fully transparent and honest, and preserve all records including texts, emails, call logs and more. If you’re not sure if something is relevant to your case, always ask your lawyer before acting.
Do NOT Assume the System Will Work in Your Favour
Many people who are accused of sexual assault assume that, if they know they are innocent, the truth will prevail and they will be protected by the justice system. Unfortunately, even if you believe you aren’t guilty, you need to treat all accusations seriously and aggressively pursue your defence.
The reality is that sexual assault cases are incredibly complex and the legal system does not automatically assume innocence in the way you might expect. The prosecution will build the strongest case possible against you, and failing to protect yourself quickly by finding the best legal representation possible puts you at risk of suffering the many downfalls that come with a conviction.
Never assume you will be found innocent. Fight for your rights with representation you can trust.
Protect Your Rights With Vayeghan Litigation Today
If you have been accused of sexual assault in BC, the stakes are high and the cost of conviction can follow you for the rest of your life. Take control of your defence now. Vayeghan Litigation has extensive experience defending individuals against sexual assault allegations and will develop a strong, strategic defense to protect your future.
Contact Vayeghan Litigation today for a confidential consultation and take the first step toward protecting your future.
Call us at 778-653-3995 or email law@mvlitigation.com now to discuss your case.
