Sexual assault allegations have been on the rise since the #MeToo movement gained global attention and online virality in 2017. The #MeToo movement was founded back in 2006 by Tarana Burke, with its stated focus being “to disrupt the systems that allow sexual violence to proliferate in our world.”
Sexual assault, like all crimes, has been prevalent throughout history. As technology, the Courts, and a cultural push for progressive values has evolved, an increasing amount of survivors of sexual assault have begun to bring their stories to light. Some survivors pursue criminal charges against their alleged attackers, in hopes to obtain justice for themselves, and to punish the alleged attacker.
Roulston Urquhart recognizes the courage that a survivor of sexual assault must possess to bring their story to light, and empathizes with any who are true victims of sexual assault.
In 2019, the government of Canada released an article with statistics surrounding sexual assault in 2014. Some notable statistics are:
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Self-reported sexual assaults (at the time of the article) remained stable from 1999-2014. In 1999 self-reported sexual assaults were 21 incidents per 1,000 people, and in 2014, the number increased to 22 incidents per 1,000 people.
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Women are victimized at a higher rate (37 incidents per 1,000 women) than men (5 per 1,000 men).
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Young people ages 15-24 have the highest rate of sexual assault (71 incidents per 1,000 people).
The Impact of Sexual Assault Allegations
Much of the issues surrounding sexual assault allegations are the results of stigma for any person accused of the crime, and the weight of public opinion against any person accused of this crime. From Roulston Urquhart’s vast experience, and through recognition of statistics like the one above, the vast majority of victims, and as such, accusers of sexual assault, are women. The issue surrounding sexual assault allegations often arise out of consent issues, and in these instances, alleged perpetrators of sexual assault had an honest but mistaken belief that they had the consent of the other party.
The possible response and practical consequences of a sexual assault allegation are two-fold:
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Being charged with sexual assault and being subject to criminal proceedings; and
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Being subject to consequences in your private life, and the “Court of Public Opinion.”
The issue is not so black and white. With the rise of the #MeToo movement and the empowerment women have received with the recognition of this gendered crime, a woman who alleges sexual assault has the immediate backing of those sympathetic to the cause. This turns the recognized right, to be innocent until proven guilty, found within section 11(d) the Canadian Charter of Rights and Freedoms, on its head. While this right is recognized within the Court system, and the Court’s are to remain objective while overseeing a matter of sexual assault allegations, the same cannot be said for the Court of Public Opinion. Indeed, a sexual assault allegation is enough to completely ruin a person’s life, completely nullifying much of the work they have pursued in career, social, and educational pursuits. For some, their entire focus and purpose of their life becomes moot by an allegation of sexual assault, even when the Court finds that the person is not guilty of the crime.
At Roulston Urquhart, we understand the importance of innocent until proven guilty, and will work tirelessly to provide you the best defence against any and all sexual assault allegations. We are in a unique position of mostly female lawyers to ask the hard questions, and ensure you are awarded a fair trial with a strong and strategic defence. We know this allegation can cause immense stress in your personal life, so we endeavour to alleviate as much stress as possible in court proceedings and you can rest assured that you have the best defence team in your corner.
