In mid-January, Toronto Police charged a registered massage therapist with sexually assaulting a client multiple times. Stories about the alleged assault, including the accused’s name and photo, were published by numerous Greater Toronto Area news organizations. There is no word on whether the accused was fired by his employer, and no one has yet questioned why the client may have returned to the therapist after the first sexual assault.
In early February, York Regional Police charged a 50-year-old Toronto man with sexually assaulting a Vaughan hospital worker at work. As with the massage therapist, stories about the alleged assault, including the accused’s name and photo, were published by multiple Greater Toronto Area news outlets.
Given the news coverage, you might wonder whether the accused can protect their reputations even if ultimately found innocent in court. To answer this question, let’s go back 10 years to examine the case of noted CBC personality, Jian Ghomeshi. Charged with multiple sexual assault-related offences against six women, the alleged assaults were constantly in the news for almost two years before his first trial in 2016. During that time, he was fired by the CBC, essentially found guilty by the public at large, and pretty much became a pariah in Toronto society.
Ghomeshi was acquitted of all charges in the first trial, with the judge finding that the alleged victims’ “deceptive and manipulative evidence” breached the beyond reasonable doubt threshold to establish guilt. The judge called out significant inconsistencies in the victims’ testimony, adding that it was “tainted with outright deception.” The Crown dropped charges in the second trial in exchange for Ghomeshi apologizing to one of the victims for “sexually inappropriate behaviour” and signing a peace bond. As publicly proclaimed by the judge, the peace bond does not constitute “an admission of any criminal offence or admission of guilt.”
Thus, if Toronto Police charge you with sexual assault , your reputation will likely take a big hit that can ruin friendships, intimate relationships, and perhaps your career. In some ways, your guilt or innocence will be inconsequential, as the sexual assault charges alone can derail your life. Few people today know the extent to which Ghomeshi’s accusers twisted their stories and failed to disclose relevant factors about their sexual relations with him. However, if asked, many Canadians will claim that Ghomeshi is guilty of sexual assault.
With extensive experience successfully defending their Greater Toronto Area clients against sexual assault charges, the criminal defence lawyers of Mass Tsang are familiar with the inevitable reputational damage that comes with — innocent or not — a sexual assault arrest. With this in mind, let’s examine the steps you should take to help mitigate reputational damage if you have been falsely accused of sexual assault.
The first thing you should do if police arrest you for sexual assault or you believe that police may be investigating you for the offence is to hire a skilled criminal defence sexual assault lawyer. No matter how ludicrous you believe the allegations are, or if you think you can easily prove your innocence, do not speak to the police until a competent criminal lawyer represents you. While you will undoubtedly be anxious to clear your good name as soon as possible, police can use anything you say to them against you in court. Additionally, despite your innocence and feeling that you have nothing to hide, do not allow police to search your person, vehicle, or residence unless they have a warrant.
Once you’ve hired a lawyer, follow their instructions to the letter. This will likely include a prohibition on discussing the allegations or case elements with anyone but your lawyer. Additionally, do not enter the conversation if the alleged incident is being discussed on social media. While you will undoubtedly want to start proving your innocence immediately in the court of public opinion, your lawyer must first uncover case details to see what you are up against.
Your lawyer will want you to fully describe every detail of whatever interactions you may have had with your accuser before, during, and after the alleged assault. Carefully writing down this information can help you recall pertinent details, and be sure to take note of any potential witnesses who may have seen you with your accuser. You should also provide your lawyer with all digital communications you may have had with your accuser, even if seemingly inconsequential or perhaps embarrassing.
The extent of reputational damage that may arise due to a sexual assault accusation against you is mainly dependent on the specifics of the incident and the laying of criminal charges. There’s not much you can do if your accuser publicly names you as the assailant or if the news media names you in reports of the alleged sexual assault. That said, there are some actions you and your lawyer can take to help ease the potential damage, including:
If police fail to lay charges after investigating the alleged sexual assault or the Crown withdraws charges before trial, you may want to publicly get the word out to help mitigate any reputational damage already in play. However, your lawyer may want you to refrain from making commentary, as the Crown can reopen the case if police uncover new potential evidence.
That said, if the charges were withdrawn because the victim recanted or the police determined that the allegations were unfounded, it may be time to go into reputational damage control mode. Likewise, if the court finds you not guilty of the charges. Your lawyer will know how best to address such outcomes to the benefit of your reputation. In some cases, your lawyer may encourage the Crown to charge the accuser with lying to police or public mischief. If the reputational damage is severe and the alleged victim’s false accusations against you are especially egregious, your defence lawyer may recommend that you hire a civil lawyer to seek damages against them in a civil suit.
It may be difficult to avoid reputational damage if accused of sexual assault. However, mounting a robust challenge to the allegations as soon as possible with the help of a skilled criminal defence lawyer marks a good start. A competent sexual assault defence lawyer can effectively challenge the allegations, which can help limit reputational damage. With a stellar record of helping 1,000s of Greater Toronto Area clients fight their sexual assault charges, turn to the legal experts of Mass Tsang.
