Consent in Sexual Assault Charges Vancouver

The issue of consent is a sensitive topic in sexual assault charges. It can turn a case into a bitter "he said, she said" debate with both parties' accounts of the incident being scrutinized for evidence of criminal activity. When the rights, freedom and reputation of an alleged offender are on the line, this battle for justice may be worth the fight.

I am Michael R. Shapray, a Vancouver criminal defence lawyer with extensive experience defending clients facing sexual assault charges. I understand the difficult situation you are in, and I am prepared to be a strong advocate throughout the criminal process. I do not shy away from challenging the alleged victim in order to uncover the truth.

When Is Consent a Defence?

Consent may be a valid defence in sexual assault charges when there is sufficient evidence of the accused's belief that both parties agreed to the sexual act. In such cases, evidence will be presented before a judge who determines whether a jury can consider the defence.

When Is Consent Not a Defence?

Despite an accused's belief, consent cannot be used as a defence when:

  • The accused use force or coercion to get the victim to submit to the sexual activity
  • The accused forced him or herself on the victim
  • The accused threatened the victim in any way, either physically or emotionally
  • The victim was under the age of 14

Should you hire me as your lawyer, I will investigate all aspects of your case and inform you of your defence options. If consent is an appropriate strategy, I will prepare a strong case on your behalf to convince a judge that you had reasonable belief the act was consensual and should not be charged with a crime. While not every case is successful, you can be assured that I will work diligently to pursue the best possible outcome for you.

Contact a Thorough Sex Crime Defence Lawyer Serving Surrey and All of British Columbia

I have achieved several successful results for clients charged with sexual assault or other related offences. Please contact my British Columbia law firm online or call 604-725-4300 to discuss your case and how I may help you. I maintain offices in Vancouver and Surrey, British Columbia, for your convenience.