Charged with Sexual Assault? Our Vancouver Criminal, Trial and Appeal Lawyers can be reached at
604-669-8602
The law requires a person to take certain steps in order to ensure the other participant is consenting to sexual acts therefore, a drunken one-night stand could result in an arrest and sexual assault charges. It is important to understand what the law requires, in order to avoid arrest, a night in jail, restrictive bail conditions if bail is even granted, and the possibility of a sexual assault conviction and possible jail, especially if alcohol is involved. At La Liberté Cronin, we aware of all the permutations and possibilities when a person finds themselves in these dilemmas and understand that being accused of sexual impropriety can be one of the worst accusations anyone can face. We hope the information below will help people avoid finding themselves in situations that could lead to those accusations and misunderstandings.
If a person touches another for a sexual purpose, and they did not have the consent of the person to touch them, then a sexual assault has occurred. Sexual touching between adults, with true consent, however, is not sexual assault. Any person who is mistaken about the consent of the other, because of voluntary intoxication, a person who chooses to drink so much that they are mistaken about the consent, will be responsible for sexual assault. If a person tries to rely on a mistaken belief that the complainant consented, and that they had consumed alcohol, then the Court will have to determine if the accused would have made the same mistake about consent if they were sober.
If the complainant consented to certain sexual acts, and then after consenting, became unconscious, then because they no longer have an operating mind and can’t grant, revoke or withhold consent to each sexual act, then even if the other person believed there was consent, a sexual assault has occurred. To rely upon the defence of honest but mistaken belief in consent, a person must show the complainant affirmatively communicated consent, by words or actions. Silence, passivity and ambiguous conduct will not constitute a defence. Once a complainant has expressed an unwillingness to engage in sexual contact, a person must make certain they have changed their mind before proceeding with further sexual acts. The passage of time or silence is not good enough. A person also cannot engage in further sex acts in order to “test the waters” to see if the complainant changed their mind.
The very nature of a drunken one night stand, the fact that alcohol is involved, perhaps having been consumed by one or both parties, the lack of personal history between the two and thus the opportunity for mistakes in communication to occur, means that great caution ought to be exercised. We ask that you keep these thoughts in mind, even in the heat of passion, so that you may avoid being charged with sexual assault. However, Terry La Liberté and Kasandra Cronin, Q.C. of the firm of La Liberté Cronin are standing by 24/7 and are willing, and more that able to assist, should you find yourself facing this or any other criminal charge.
– Terry La Liberté Q.C.