Being charged with sexual assault in British Columbia is overwhelming. Whether the allegation came as a shock or followed a difficult situation, the process ahead can feel confusing and intense. If you’re in this position, it’s important to know what you’re dealing with and what you can do right now to protect yourself. This post outlines how sexual assault charges work in BC and how a BC sexual assault defence lawyer can help you move forward.
What Does “Sexual Assault” Mean in BC?
Sexual assault is any unwanted sexual contact where there was no consent. It doesn’t have to involve physical force or visible injuries. Even something like touching someone without permission in a sexual way can lead to a charge.
In BC, these cases are handled under Section 271 of the Criminal Code of Canada. Police and Crown prosecutors will look at whether there’s enough evidence to support the charge and whether it’s in the public interest to proceed. In many cases, it comes down to one person’s word against another’s — which is why it’s so important to understand your rights from the beginning.
What Happens After a Complaint?
If someone makes a complaint, police may begin an investigation right away. They might call you in for questioning, or you could be arrested without warning. In some cases, you’ll be released with conditions. In others, you’ll be held until a bail hearing.
At this stage, two things are key:
- You have the right to remain silent
- You have the right to speak to a lawyer
Even if you think you can clear things up, it’s best not to explain anything to police before getting legal advice. What you say could be used against you later.
How the Process Usually Unfolds
If you’re charged, your case will go through several stages:
- First appearance in court: This is mainly administrative. You’ll receive disclosure (the Crown’s evidence) and confirm whether you have legal representation.
- Disclosure review: Your lawyer will review the evidence and explain your legal options.
- Pre-trial discussions: Some cases can be resolved through negotiation. Others go to trial.
- Trial: If your case goes to trial, the Crown has to prove the charge beyond a reasonable doubt. You’re not required to testify, but your lawyer will guide you on whether it makes sense to do so.
- Sentencing: If there’s a conviction, the penalty depends on the details of the case. That could include jail time, probation, or registration in the National Sex Offender Registry.
How to Protect Yourself Right Now
If you’ve been charged — or even if you haven’t been formally charged but think a complaint may have been made — here are a few things you should do:
- Don’t contact the complainant. Not directly, and not through someone else.
- Follow any release conditions closely.
- Avoid talking about the case with friends, family, or online.
- Save anything that might help your defence, like texts, emails, or names of witnesses.
- Speak with a lawyer who has experience defending sexual assault charges in BC.
The earlier you get legal advice, the better your chances of avoiding missteps that can hurt your case later.
Talk to a BC Sexual Assault Defence Lawyer
Every case is different, but the stakes are always high. If you’ve been charged with sexual assault in BC, you don’t have to figure this out on your own.
Reach out to Tom Doust to book a confidential consultation. With decades of courtroom experience and a focus on criminal defence, Tom can help you understand what to expect and build a strategy that fits your situation.
