Not exact matches
Allegations of sexual harassment and
assault by Mr. Weinstein were disclosed this month in The New York Times and The New Yorker, which prompted other women to share their accounts
of his alleged abuse, set off
criminal investigations, roiled the entertainment world and triggered a social media movement
of women from other industries and backgrounds telling their stories.
I have not found a case that has considered this question in the context
of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability
of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a
criminal prosecution.
Mr. Clark as
criminal defence counsel secured verdicts
of not guilty on false
allegations of sexual assault, touching for a
sexual purpose the body
of a person under the age
of fourteen years, inviting a person under the age
of fourteen years to touching for a
sexual purpose, and being a person in position
of authority / trust touching for a
sexual purpose the body
of a person under the age
of fourteen years.
J.A. was charged with
sexual assault but at the trial, K.D. recanted her
allegation explaining that she made up the
criminal complaint because J.A. had threatened to seek sole custody
of their young son.
Initially, there had been a crisis within the Commission, especially the trained lawyer Commissioners, as to whether it was proper to accept
sexual assault and rape
allegations for this type
of civil resolution, rather than referring them straight away to the police for
criminal charges.
The court did, however, note the College's argument that non-visual evidence has been accepted in
criminal cases
of sexual assault, and in regulatory cases involving
allegations of sexual misconduct by health professionals.
We have assisted young female complaints report
allegations of sexual assault and provided expert advice regarding potential civil recovery and
criminal charges against the perpetrator.
Recently, the
Criminal Law Group even secured a withdrawal
of an
allegation of Sexual Assault against a Jehovah Witness in its R. v. R.K. [2014].
More to the point, it's hard to claim that the CBC has a compelling interest in removing Mr Ghomeshi from his post for the purposes
of protecting his fellow employees — he's not accused
of assaulting his co-workers (there is an
allegation of sexual harassment, although it's not clear what role that played in the CBC's decision — the CBC referred to «recent» information, the
allegation of harassment appears to be older — and in any event doesn't appear to rise to the level
of a
criminal act).
She said the first line
of business for police who are investigating
allegations of sexual assault is not to presume the victim is telling the truth since doing so could impede the
criminal justice process.
The range
of allegations that arise in a domestic context are varied and include threats
of violence,
criminal harassment,
assaults,
sexual assaults, and others, but the common theme is that all domestic offences carry significant consequences if a person is found guilty
of any such offence.
Fortunately the standard for conviction in very high: like every other charge in the
Criminal Code, an
allegation of Sexual Assault must be proven Beyond a Reasonable Doubt.
The first panel, «
Sexual Assault Allegations in the Me Too Era» will deal with giving criminal practitioners tips and strategies in dealing with these types of allegations in today
Allegations in the Me Too Era» will deal with giving
criminal practitioners tips and strategies in dealing with these types
of allegations in today
allegations in today's climate.
When there are
allegations of sexual assault in a case, there is always a risk that an order not to disclose the complainant's identity has been made in
criminal proceedings — this order is mandatory upon demand by the Crown, the complainant or a minor witness (see 486.4 of the Crimina
criminal proceedings — this order is mandatory upon demand by the Crown, the complainant or a minor witness (see 486.4
of the
CriminalCriminal Code).