It’s no secret that technology has a profound impact on how sexual assault cases are handled in Canada. In fact, text messages and social media posts have become an increasingly important piece of evidence in many sexual assault trials. But how exactly can these pieces of technology be used to help or hurt someone involved in a sexual assault case? And what should someone do if they’re concerned their text messages or social media posts could be used against them?
Read on for answers to these questions and more.
How Text Messages and Social Media Impact Sexual Assault Cases in Canada
In the past, sexual assault victims had to rely on their memories to recall what happened during the attack. This makes it hard for prosecutors to prove beyond a reasonable doubt that sexual assault had occurred.
But with text messages and social media posts, there is often now a written record of what happened. This can be used as evidence to help prove that sexual assault occurred.
While text messages and social media posts can be used as evidence to help convict sexual assault perpetrators, they can also be used against complainants.
In some cases, the text messages of a sexual assault victim have been used to paint them as consenting to sexual acts. In other cases, sexual assault victims’ social media posts have been used to suggest they were lying about the assault.
Text messages and social media posts can be used to impeach the credibility of a witness. For example, if a witness says they did not see the sexual assault happen, but there are text messages or social media posts proving they were present at the time, this could be used to show that the witness is dishonest.
Sexual Assault, Social Media, and Text Messages: What to Do If You’re Worried About What You’ve Written or Posted
If someone is worried that their text messages or social media posts could be used against them in a sexual assault case, there are some steps they can take to protect themselves.
First, it’s helpful to know that they have the right to remain silent. This means they do not have to answer any questions from police about the sexual assault, and they can’t be forced to give them their phone or show them their social media posts.
Second, if they do decide to speak to the police, it’s important to be aware that anything they say could be used as evidence in court. This includes any statements they make about the sexual assault, as well as any details they give about their sexual history.
Third, if someone is contacted by police, it’s a good idea to contact a sexual assault law firm before doing anything else. A lawyer can advise them on what to say and do, and can help make sure that their rights are protected.
Establishing a Defence Against Sexual Assault Charges
If someone is charged with sexual assault in Canada, it’s crucial that they start establishing their defence as soon as possible. The sooner they start, the better prepared they will be for trial.
One of the first steps in crafting a defence is hiring a lawyer who has experience defending sexual assault cases. This lawyer will be able to advise their client on the best course of action and help them navigate the legal system.
In sexual assault cases in Canada, there are a few defences that are most common: consent, mistaken identity, and fabrication.
In order to successfully use the defence of consent, the accused must be able to show that the sexual acts were consensual or that there was an honest (but mistaken) belief consent was given. This can be done by offering evidence such as text messages or social media posts showing that the complainant was a willing participant.
The defence of mistaken identity is often used when there are no witnesses to the sexual assault, and it is one person’s word against another. In these cases, the accused can try to prove that they were not the perpetrator by providing an alibi or other evidence that shows they could not have committed the sexual assault.
The final common defence against sexual assault charges is fabrication. This occurs when the accuser makes false allegations of sexual assault in order to harm the accused. This defence can be difficult to prove. If, however, the accused can show that the accuser has a motive to lie, it can be successful.
No matter what defence is used, sexual assault cases are complex and difficult to win. The best chance for a successful outcome is to hire a lawyer who has experience in this area of law and start building a defence as soon as possible.
Sexual Assault in Canada FAQs
Can text messages and social media be used as evidence in sexual assault cases?
Yes, in sexual assault cases in Canada, text messages and social media can potentially be used as evidence. For example, if there are messages between the alleged victim and the accused that discuss the sexual encounter, these could be used as evidence. Similarly, if there are any photos or videos on social media that show the sexual encounter, these could also be used as evidence.
(Read more about what happens if you are charged with sexual assault in Ontario here)
It’s wise to keep in mind that anything that is posted on social media can be accessed by police and prosecutors, which highlights the importance of being careful about what is posted online.
Do I need a lawyer if I’ve been accused of sexual assault?
If you have been accused of sexual assault, it’s crucial to speak to a lawyer as soon as possible. A sexual assault lawyer will help you to understand the charges against you and can explain your legal options. A lawyer can also represent you in court and can help to protect your rights throughout the legal process.
What are some possible consequences of being convicted of sexual assault?
The consequences of being convicted of sexual assault vary depending on the severity of the offence and the circumstances surrounding the case. However, some possible consequences include jail time, a criminal record, and being placed on the sex offender registry.
Remember: anything someone says or does on social media can be used against them in a sexual assault case. If you are worried about what you have posted online, it’s important to speak to a sexual assault lawyer in Toronto right away.
Trust the experienced and capable sexual assault defence team at KIVLaw to fight for your rights and in your best interest. Contact us today.
