Sexual Assault Investigations in High School

Given the new climate that we live in, such as the Me-Too era, incidents of reported sexual assaults have the potential to permanently impact someone’s mental well-being and have a detrimental impact on their academic achievement. However, this does not only apply to victims but also those who are accused—especially if they are falsely accused. When you are accused of a crime of this severity, there is a lot is at stake. You could be held responsible for harming the Complainant’s mental health and well-being, even if there is no solid proof that they were impacted by your actions, or if your actions even occurred as the Complainant describes it.

Sexual assault and other sexual assaults are considered highly serious crimes under the Criminal Code of Canada. An Ontario and national sex offender register is accessed by anybody found guilty of sexual assault in Toronto. Depending on the specifics of the offence, this might be for ten years, twenty years, or even a lifetime. Depending on the type of sexual assault, those found guilty might potentially be at risk for a lifetime sentence of incarceration in the most serious cases.

Even if you are found not guilty of any crimes, a sexual assault charge can damage your reputation for life. You need to take precautions to keep your reputation safe. In addition to preparing your case for the criminal courts, the Toronto sexual assault lawyers at Donich Law can assist you in preparing for and defending your reputation within the community and in the broader context of society.

What is sexual assault?

As per the definition provided by section 265(1) of the Criminal Code, assault in Canada generally refers to the deliberate use of force against an individual without their agreement. Section 265(2) of the Code sets out a definition covers all types of assault, including sexual assault. Consequently, sexual assault occurs when the victim’s sexual integrity is violated by non-consensual force. It may be as simple as inappropriate sexual contact. Sexual assault of this kind is typically categorized as “level 1.”

How can I mitigate any reputational damage?

Maintain a low profile. It may be embarrassing, but staying to yourself can prevent people from misinterpreting your actions and subjecting you to intense scrutiny or criticism. Avoid social media to prevent misunderstandings or statements being taken out of context.

Building a network of social support can be beneficial. Family members and friends who vouch for your character can help protect your reputation. Their support can mitigate unfavorable media coverage.

Request a publication ban on evidence from your bail hearing and preliminary inquiry. During bail hearings, your lawyer might request the Court to impose a publication ban, limiting media coverage of these significant court dates. Your attorney can explore other legal options after your case. Unfortunately, a defendant cannot request a publication ban pending their trial.

Consult with a skilled criminal lawyer experienced in handling sexual assault accusations. They can represent you before the police and media, guiding you through the media process.

When accused of sexual assault in high school, stay calm, exercise your right to remain silent while being civil and respectful to authorities, secure legal counsel, save communications and documentation, and find any possible witnesses who can support your case.

What is the process for someone that has been accused of sexual assault?

Once a report of sexual assault is made, the school will launch an internal investigation. This can lead to consequences such as expulsion, suspension, or even police involvement, depending on the evidence and seriousness of the case.

If you are the subject of a sexual assault investigation, be cautious about making statements to the school before consulting a lawyer. Without legal advice, you risk self-incrimination, being persuaded to change your story, or even being convinced of your guilt when you are not.

The legal process can be lengthy and demanding. Experienced lawyers, such as those at Donich Law, can provide the necessary emotional support and legal assistance to guide you through this challenging time.

If your trial is held in the Ontario Court of Justice, it may not occur until nine to eighteen months after your arrest. In the Superior Court of Justice, the trial process can take from 18 to 36 months. The scheduling of your trial depends on the population of the county where you are charged; larger cities like Toronto have busier court dockets, potentially delaying your trial date.

Even if you are not found guilty, the charge can have a lasting negative impact on your life and reputation. Loved ones may perceive you differently, potentially seeing you as untrustworthy. This stigma can affect your dating prospects, social interactions, and community standing. You might be excluded from school events, lose your job or executive position in school clubs, or be ostracized by your peers. Coaches and teams may exclude you from their teams preferring other students who do not have legal troubles or allegations of crimes against them. Moreover, finding employment can become difficult as word spreads about the allegations, even if it is a part-time student job.

The Courts are required by The Charter to presume your innocence until proven guilty beyond a reasonable doubt, but public opinion often does not extend this benefit of the doubt. Persistent skepticism, bias, and preconceived notions about your character can damage current and future relationships. It is highly significant to take proactive steps to protect your reputation. An experienced lawyer at Donich Law can help guide you through this process.

Surviving gossip and rumors, especially in close-knit communities, can be challenging. Protecting personal information is vital for managing your reputation. Even if the case is not widely known, you do not want your private information in the media. Paying less attention to public opinion can help minimize conflicts and enhance your feelings of well-being.

Why is maintaining your reputation so important?

Anyone accused of a crime in Canada is initially presumed to be innocent unless and unless their guilt is established beyond a reasonable doubt, according to the Charter of Rights and Freedoms. Unfortunately, it will not always be the case. When you are accused of sexual assault, you could feel as though people are viewing you in a negatively light regardless of whether the allegations are true or not.

Having your reputation damaged can have negative consequences on your mental health, interpersonal relationships, job prospects, and more. These are all factors that are overlooked when somebody is (falsely) accused of sexual assault.

The #MeToo movement has made these negative impacts further exacerbated in those who are accused of sexual assault. Even if you are found not guilty of any sexual offence, a sexual assault allegation can damage your reputation for life. You need to take precautions to keep your reputation intact. In addition to preparing your case for the criminal courts, the Toronto sexual assault lawyers at Donich Law can assist you in preparing for and defending your reputation within the community and in the broader context of society.

What are some examples of defences to sexual assault?

One defence is that the complainant is fabricating the incident, for a number of reasons. It could be to intentionally damage your reputation out of animosity for an unrelated reason. The fabrication might also be an accident. For example, memory is not flawless. It is conceivable for a complainant to think that they have experienced sexual assault when they have not. False memories have led to wrongful convictions and false allegations, which can also apply to high school incidents of sexual assault.

Another defence would be mistaken belief of consent or actual consent. Section 273.1(1) of the Criminal Code of Canada defines consent as the freely chosen decision to engage in the sexual conduct in question. The focus of the legislation is on the complainant’s genuine feelings and thoughts throughout the sexual encounter.

It is only acceptable to touch someone sexually if the other person has expressly given their agreement, either verbally or non-verbally. Passivity or silence does not imply that consent is present. Consent needs to have been active, ongoing, and on each occasion of sexual contact. One might argue that consent was given non-verbally through body language, such as mutual touching and smiling throughout the sexual encounter. It is possible that mixed interpretations of body language give rise to incidents of sexual assault and mistaken belief of consent. Consent in sexual relations is not always direct and expressly verbalized, so it can be difficult to ascertain if consent was actually implied or not.