Facing a Sexual Assault Allegation in Alberta? What to Expect and How to Build a Strong Defence
Being charged with a sexual assault offence in Alberta is a serious event — but it doesn’t mean a conviction is guaranteed.
For many people, the moment they learn they’re being investigated or charged is overwhelming: your mind jumps to worst-case scenarios, your reputation feels instantly threatened, and the legal system suddenly becomes a maze you never expected to navigate. What happens next, and how an experienced sexual assault criminal defence lawyer can help can make all the difference.
What Happens After a Sexual Assault Charge
1. Arrest or Charge + First Appearance / Bail Hearing
When police conclude their investigation and decide to proceed, you’ll be formally charged under the Criminal Code of Canada. The charge may come via an appearance notice, summons, or after arrest.
If you are arrested and detained, you will appear before a court, often within 24 hours, for a bail hearing (also called a judicial interim release hearing).
At this hearing, the court balances your right to reasonable bail with public-safety concerns. Conditions may be imposed, or you may be held in remand until trial.
2. Disclosure & Case Preparation
Once charged, the prosecution (the “Crown”) must provide full disclosure — all relevant evidence, including police reports, witness statements, forensic or medical evidence, and any other material that could support or undermine the Crown’s case.
This disclosure is critical. A defence lawyer reviews it in detail, identifying weaknesses, inconsistencies or missing evidence — and flags any information that might support a strong defence.
3. Pre-Trial Motions and Strategy
In sexual-assault matters, early defence work often involves filing pre-trial motions — including challenging evidence, or seeking to exclude improperly obtained statements (e.g., from unlawful searches or rights violations).
Sexual assault cases in Alberta are highly labour-intensive and driven by complex pre-trial motions that don’t exist in most other criminal matters. In addition to challenging evidence or Charter breaches, defence lawyers must often bring specialized applications under sections 276 and 278 of the Criminal Code, which strictly control questioning about a complainant’s sexual history and access to private records such as medical or counselling notes.
These rules are designed to prevent reliance on the prohibited “twin myths” — assumptions about consent or credibility based on sexual history — unless a judge grants prior approval. Because these motions can determine what evidence is allowed at trial, they often play a decisive role in shaping or even ending a case before it reaches court.
4. Preliminary Hearing / Trial (if required)
If the charge is “indictable” (more serious), you may go through a preliminary hearing — a shorter court proceeding where the Crown must show enough evidence to justify a full trial. The defence can cross-examine witnesses. If the judge finds insufficient evidence, the charges may be dropped.
If the case proceeds, a trial will follow — either before a judge alone or before a jury, depending on the offence and circumstances. The Crown presents its evidence first; then the defence has a chance to challenge its case, call witnesses, and present its own evidence.
5. Verdict & Potential Sentencing
If the Crown proves the charges beyond a reasonable doubt, the court may convict and impose a sentence, which can include jail time, probation, and other penalties depending on the severity and nature of the offence.
If the Crown fails to meet its burden, you may be acquitted — meaning you are legally cleared.
Why Having a Sexual Assault Criminal Defence Lawyer Matters
When facing sexual assault charges, representation by an experienced sexual assault criminal defence lawyer is critical. Here’s why:
Protecting your rights early — From the moment of arrest or first interview, a lawyer ensures your Charter-guaranteed rights (e.g., right to silence, right to counsel) are respected, which can prevent self-incriminating or involuntary statements from being used against you.
Full disclosure and evidence review — Defence counsel will demand and scrutinize the Crown’s full disclosure, hunt down missing vital evidence, or highlight procedural flaws that could jeopardize the case.
Pre-trial motions and strategy — A lawyer has the experience to raise pre-trial motions, challenge evidence, and even secure the dismissal of charges long before trial if the Crown’s case is weak or rights have been violated.
Navigating complex trial procedures — Sexual-assault trials often involve sensitive witness testimony, privacy protections, possible publication bans, and complex evidentiary rules — all of which require a lawyer skilled in criminal and sexual-offence law.
Mitigating consequences and preserving future — A seasoned defence lawyer like Ryan Patmore understands the stakes: personal freedom, career, reputation, mental health, and family impacts. He’ll seek the most favourable resolution possible — plea-bargains, alternative sentencing, or full acquittal — based on facts and law.
Big-Firm Experience, Small-Firm Dedication
Ryan Patmore has defended countless Sexual Assault allegations at all levels of court, from the most minor to the most serious. He has a keen understanding of the sliding scale of severity and the technical nature of these prosecutions, resulting in successful resolutions from outright acquittals to reducing the charges for many of his clients, whether before or after trial.
Ryan’s pedigree allows his clients to know their case is being handled with utmost care and proper scrutiny, given the complex and nuanced nature of these prosecutions, which oftentimes require many intensive pre-trial motions under strict mandates set out in the Criminal Code of Canada.
These charges are very serious regardless of the nature of the allegation, and tactical, informed decisions must be made from the earliest stage of the process, as they can have a lasting impact on your Defence if not approached meticulously and strategically from the earliest court appearances.
The Stakes Are High, So Act Early
Time is crucial. Early legal advice and intervention maximize your chances of successfully navigating the process. Waiting can limit your options, weaken defences, or result in missed opportunities to protect your rights.
If you are facing sexual assault charges in Alberta, don’t go it alone. Consult a skilled defence sexual assault criminal defence lawyer, like Patmore Defence, who understands the complexities of sexual-offence cases.
Protect your rights. Book a free consultation with us when you’re ready.