What to Do if You’ve been Falsely Accused of Sexual Assault?

1. Sexual Misconduct at Work

Sexual assault or sexual misconduct occurring in the context of an employment relationship is also fairly common. Workplace sexual misconduct or harassment has become more common in recent years and can result in serious repercussions for the accused individual.

When there is an allegation of sexual misconduct in the workplace the complainant may report it to the company’s HR department or to some other person in a position of authority. Pursuant to Ontario’s Occupational Health and Safety Act of 1990, employers have a legal duty to investigate allegations of sexual assault or sexual misconduct in the workplace. When such a report is made, the company will conduct an investigation of its own to determine whether the accused’s actions violated the company’s sexual violence policy. If it did, the company will take whatever action they deem appropriate which may result in the accused being terminated.

Alternatively, the complainant may report the incident to police. Where the matter is reported to police it may be reported to the employer as well depending on the circumstances. The police will only lay charges where there is an allegation that some sort of sexual assault has occurred. Sexual misconduct that does not rise to the level of a sexual assault will typically not be prosecuted. For example, an employee making unwanted sexual comments to another employee would be considered sexual misconduct in the workplace but does not rise to the level of a criminal offence.

When an allegation of sexual misconduct is made in the workplace, it is imperative for the accused to seek counsel from a criminal lawyer prior to participating in the workplace investigation. Any information provided to one’s employer during a workplace investigation will be shared with the police should charges be laid. Those criminally charged have the right to remain silent and not to incriminate themselves. These rights do not exist in the context of an employment investigation. As a result, participating in an employment investigation may lead to the circumvention of the accused’s rights should the police become involved.

In the Firm’s R. v. S.T. [2024], a school photographer who was falsely accused of sexual assault and charged with 9 sex offences against 3 separate child complainants. In the high-profile case, the Firm developed a strong theory supported by evidence. The police and prosecution failed to identify the complainants in the video surveillance, and simply provided a data dump to the defence. The defence conducted two pre-trial motions where it successfully acquired evidence form the employer of the accused. This was then used to compare data provided by law enforcement. After approximately 18 months and a contested trial. The Firm defeated every single charge with the accused being fully acquitted at trial.

In 2020, our Firm successfully represented an individual charged with sexual assault in R. v. M.Z. [2020]. The accused, a restaurant owner in Toronto, was accused of assaulting a staff member inside his office. Our Firm took the case to trial and secured an acquittal.

Similarly, in 2018, our Firm represented an individual charged with sexual assault and forcible confinement in R. v. S.L. [2018]. The accused, an employee at a restaurant, was alleged to have assaulted a coworker in a restaurant bathroom. We uncovered evidence of a secret affair between the parties and utilized a section 276 application to introduce this evidence at trial. Demonstrating the complainant’s fabrication of the allegations and deletion of pertinent text messages, the charges against the accused were ultimately stayed.

2. University and College Prosecution

Allegations of sexual misconduct or sexual assault on university and college campuses have become more common over the last couple of decades. Schools across Ontario are required by the Ontario government to have in place a written Sexual Violence Policy that addresses the complaint and investigation process for allegations sexual assault or misconduct on campus.

It is important to note that an assault does not necessarily have to occur on campus or on school property for the school to get involved and investigate the matter. Where both parties to the assault are students at the school, the complainant may make a complaint to the school, and the school may place interim measures on the accused. Common interim measures include an order not to attend in person on campus or on any other school property, not to have contact with the complainant, and any other conditions the school deems necessary to protect the complainant.

When an allegation of sexual misconduct is made on campus, it is important for the accused to seek counsel from a criminal lawyer prior to participating in the investigation. Any information provided to one’s employer during the investigation will be shared with the police should charges be laid. Those criminally charged have the right to remain silent and not to incriminate themselves. These rights do not exist in the context of a school investigation. As a result, participating in the investigation may lead to the circumvention of the accused’s rights should the police become involved.

In the case of R. v. Y.F. [2021], Donich Law represented an individual charged with one count of sexual assault and two counts of assault – choking after allegedly choking a sexual partner without consent. The parties attended university together and the complainant originally reported the incident to the school, resulting in an investigation under the school’s sexual violence policy. Months after the school investigation began, the complainant reported the incident to police, and the accused was arrested and criminally charged. The Firm delayed the school investigation pending the outcome of the criminal case, allowing the accused to complete his degree at the school. Donich Law secured an acquittal on one count of assault and the sexual assault charge at trial, proving that the complainant had fabricated the allegation.

In 2021, the Firm defended a student at Ryerson university accused of sexually assaulting two female classmates on multiple occasions in Case No. xxx34. An investigation was launched after a female student at the school made a complainant to school administration alleging that she had been sexually assaulted be a male classmate. After months of litigation, a friend of the complainant made a similar complaint to school administration, causing a second investigation to be launched. Donich Law ultimately secured the student’s ability to stay at the school and complete his degree after successfully launching an appeal arguing that Ryerson had violated the accused’s procedural rights during their investigation.

3. Sexual Assault within the Family

Accusations of sexual misconduct or assault within a family can profoundly impact both the accused and the entire family, especially when these accusations are false. Charges such as sexual assault, incest, invitation to sexual touching, or sexual interference can be devastating for the accused individual.

In some situations, false allegations of abuse or sexual misconduct can arise during contentious parental separations. These accusations might be deliberately fabricated or, in some cases, stem from misunderstandings and lack of trust between parents. The accuser may genuinely believe the allegations but could have misunderstood the situation, especially in cases involving young children.

Sexual assault cases, particularly those involving children, are highly complex. Consequently, a significant number of allegations are never proven in criminal court. In these cases, the burden of proof lies with the accuser, making it challenging, particularly when there is little to no physical evidence, a common scenario in sexual assault cases. Additionally, young children might struggle to provide the necessary details of the abuse, making it difficult to convict the accused. While children can often recall their abuse clearly, they may also be susceptible to manipulation by trusted adults, leading to distortions in their memory of the events.

When children are involved, the Children’s Aid Society typically intervenes, conducting their investigation to ensure the safety of the child(ren). If abuse is confirmed or if the child is deemed to be at risk, court proceedings may be initiated to remove the child from the home.

If you find yourself wrongfully accused of sexual misconduct or assault by a family member, it is crucial to protect your rights. The best way to do this is by seeking experienced legal counsel to navigate you through the legal process. Donich Law defends individuals wrongly accused of sexual assault within the family.

Moreover, accusations of sexual assault within the family can also stem from historical incidents. Victims of sexual abuse often take years, even decades, to come forward, especially when the alleged perpetrator is a family member. The Firm has a successful track record in defending such cases, exemplified by their achievements in specific cases:

In 2019, the Firm successfully withdrew invitation to touching and sexual interference charges in R. v. A.E. [2019]. The accused had been arrested and charged based on allegations of sexual abuse dating back to 1985, made by a family member. The Firm utilized various investigative techniques to gather evidence, ultimately proving that the complainant had fabricated the allegations in an attempt to gain control over family finances.

In 2021, the Firm effectively defended an individual facing two counts of sexual interference and two counts of sexual assault in R. v. V.G. [2021]. The accused had been charged based on allegations made by a close family friend, dating back decades to when she was a young child. The Firm litigated the case for over two years, successfully avoiding jail time for the accused.

In 2022, the Firm represented an accused individual in custody, serving a lengthy sentence on different charges in R. v. A.B. [2022]. The accused faced charges of assault with a weapon, assault, assault (choking), cruelty to animals, and sexual assault, stemming from allegations made by his ex-partner about past family abuse. Initially, the Crown sought a significant penitentiary sentence due to the seriousness of the charges. However, after the Firm argued a violation of the accused’s right to a trial within a reasonable time, the Crown significantly reduced their position and withdrew several charges, including sexual assault, recognizing the delay in the legal process.