Historical Sexual Assault Allegations
Being accused of a sexual offence years or even decades after an alleged incident can be overwhelming. You may have built a career, family, reputation, or life that feels suddenly threatened by an allegation about something you say happened very differently — or that you may have difficulty remembering at all.
Historical sexual offence allegations can arise from many different circumstances, including:
- Childhood allegations involving a family member, relative, babysitter, neighbour, or family friend
- School or former student allegations involving teachers, coaches, staff, or other adults in positions of authority
- Institutional allegations involving religious organizations, residential institutions, care facilities, or other organizations
- Military sexual assault allegations involving conduct alleged to have occurred during military service
- Sports and youth organizations involving coaches, instructors, volunteers, or other authority figures
- Workplace allegations involving former colleagues, supervisors, employers, or employees
- Family or household allegations involving relatives, former partners, or people known to the accused
- Allegations involving former acquaintances or social relationships where the events are said to have occurred many years earlier
The circumstances of each case are different. The passage of time can create particular evidentiary issues that need to be examined carefully.
Free Confidential ConsultationEvidence in Historical Sexual Assault Cases
When an allegation concerns events from many years ago, important evidence may include:
- Recollection and memory
- Prior statements to police or other people
- Available records and documents
- Witnesses and their recollection
- Letters, emails, text messages, or other communications
- School, employment, medical, military, or institutional records
- The circumstances and timing of any report
- Whether accounts changed or developed over time
- Other evidence that may support or contradict the allegations
The absence of physical evidence does not automatically determine the outcome of a historical sexual assault case. Likewise, the fact that an allegation was reported years later does not by itself establish whether the allegation is true or false. The Crown must still prove the charge beyond a reasonable doubt.
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If You Are Facing a Historical Sexual Offence Allegation
If police have contacted you about an allegation from years ago, do not assume that the passage of time means the matter will simply go away.
You may be tempted to contact the complainant, explain your side to police, search through old messages yourself, or speak with former friends or colleagues about what happened. These steps can create additional problems if taken without legal advice.
Instead:
- Do not make a statement to police before speaking with a lawyer
- Do not contact or confront the complainant
- Preserve old documents, messages, emails, photographs, and other potentially relevant evidence
- Do not delete or alter communications or records
- Write down what you genuinely remember without trying to fill gaps in your memory
- Speak with a criminal defence lawyer as soon as possible
A historical allegation requires careful investigation of what can actually be established today. Your lawyer may need to examine records, prior statements, potential witnesses, communications, and the legal framework applicable to the alleged conduct.
Historical Sexual Offences and the Law
The law governing sexual offences has changed over time. When allegations concern events from many years ago, it may be necessary to determine which offences and legal rules apply to the alleged conduct and the specific proceeding.
Canadian law also contains specific provisions dealing with historical sexual offences. For example, the Criminal Code addresses offences under its earlier versions and provides that a person cannot be convicted under certain historical sexual-offence provisions unless the alleged conduct would constitute an offence under the Criminal Code as it applies when the charge is laid.
The legal issues are highly fact-specific. Do not assume that an allegation is either too old to prosecute or automatically capable of being prosecuted without reviewing the particular circumstances.
Why You Need Early Legal Advice
Historical allegations can be difficult to investigate because records may no longer exist, witnesses may be unavailable, and memories may have changed over time.
If you are suddenly facing an allegation about something that allegedly happened 10, 20, 30, or more years ago, you need to understand what evidence exists and what the Crown may be able to prove.
Goodman Berman, Barristers, can review the allegation, identify potential evidentiary issues, protect your rights during the investigation, and develop a defence strategy based on the specific circumstances of your case.
If you have been contacted by police or charged with a historical sexual offence in Toronto, speak with a criminal defence lawyer before making any statement.
Related Sexual Offence Charges
The historical sexual assault allegation may arise alongside other criminal allegations depending on the circumstances.
Related offences can include:
- Sexual interference
- Sexual assault
- Invitation to sexual touching
- Sexual Assault with a Weapon or Causing Bodily Harm
- Sexual Exploitation
- Aggravated sexual assault
- Other Criminal Code sexual offences
The appropriate defence depends on the specific charge and the evidence supporting each allegation.
What You Can Expect From Us
- Confidential communication
- No judgment
- Direct communication with counsel
- Clear explanation of your options
- Prompt attention to urgent issues
- Strategic advice before speaking to police
- Preparation for each court appearance
- Honest assessment of strengths and weaknesses
Frequently Asked Questions About Historical Sexual Assault Allegations
What should I do if police contact me about something that happened years ago?
Do not give a statement before speaking with a criminal defence lawyer. A lawyer can advise you about your rights and how to respond to the investigation.
What if I genuinely don’t remember what happened?
Do not guess or try to reconstruct events to give police an answer. Your lawyer can help assess your actual recollection alongside available records, communications, and other evidence.
Can I be charged for something that allegedly happened decades ago?
A historical allegation can lead to criminal charges depending on the specific offence, circumstances, and applicable law. Do not assume that an allegation is automatically too old to prosecute.
What if there are no records or witnesses anymore?
The absence of records or witnesses does not automatically end a prosecution. However, what evidence remains available can be an important part of assessing the Crown’s case.
What if the complainant and I had a relationship?
The nature of the relationship may form part of the evidence, but it does not by itself determine whether an offence occurred. The specific allegations and surrounding circumstances must be examined.
What if I have messages or other evidence from years ago?
Preserve any potentially relevant messages, emails, photographs, documents, or other records. Do not delete, alter, or selectively edit evidence before speaking with your lawyer.
Should I contact the complainant to find out what this is about?
No. Contacting or confronting the complainant can create additional legal problems, particularly if there are existing or proposed no-contact conditions. Speak with a lawyer first.
Can a historical allegation affect my job or professional licence?
It can. Depending on the circumstances, an investigation or charge may create employment, professional licensing, travel, or reputational concerns. Early legal advice can help you understand the potential implications.
What if I am being investigated but have not been charged?
You should still speak with a lawyer promptly. Legal advice at the investigation stage may be important before you provide a statement or communicate with police.
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Speak With a Toronto Historical Sexual Assault Lawyer
A historical sexual assault allegation can affect your freedom, career, family, immigration status, and reputation.
The earlier you obtain legal advice, the sooner you can understand the allegation, preserve relevant evidence, and determine how to respond.
If you are under investigation or charged with historical sexual assault in Toronto, contact Goodman Berman, Barristers for a confidential consultation.
Contact Goodman Berman, Barristers for a free, confidential consultation.
Your case will be reviewed directly by an experienced criminal defence lawyer.
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