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Canada Criminal Law

I've been falsely accused of assault by a friend of mine -

Customer Question
I've been falsely accused...

I've been falsely accused of sexual assault by a friend of mine - at the end of a party held in my home, with only myself, a male friend and a female friend in the room. While there was interaction between the three of us at that time (i.e. my trying to get her to go to bed, etc), there was no sexual contact. Despite that, I was arrested the following day and told that both me and my male friend were under investigation for sexual assault.

Lawyer's Assistant: Do you have any upcoming court dates on the sexual assault charges?

There are no charges, I'm only under investigation at this point. My question relates to whether I should take a polygraph test? When speaking with investigators initially, I quickly agreed to it, but after speaking briefly with a lawyer and researching online, I'm having second thoughts. I'm happy to provide DNA and blood samples, but the potential false positive of a polygraph concerns me. Given that I am 100% innocent and therefore can guarantee that no evidence exists against me, either in my home (which was thoroughly searched) or on her person, is it advisable to take a polygraph or leave well enough alone?

Lawyer's Assistant: In what state did this occur?

This is in Nova Scotia, Canada

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's it.

Submitted: 2 months ago.Category: Canada Criminal Law
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Answered in 1 hour by:
12/19/2017
Criminal Lawyer: ulysses101, Lawyer replied 2 months ago
ulysses101
ulysses101, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 3,701
Experience: Over 10 years litigation experience in family, criminal, and civil law
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Hello, thank you for the question.

So, no charges yet? It sounds like you're in touch with the investigation, what stage are you at and what's going on? Did you "give a statement"?

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Customer reply replied 2 months ago
The party took place Saturday night. She left Sunday morning before anyone else was up. I messaged her to be sure she got home safe, never heard back. At 1.00am on Monday, cops banged crazily on my door, waking up my wife and kids, and pounced on me as soon as I opened it, telling me that I was under arrest while "being investigated" for sexual assault. They booked me into my city's police headquarters, keep me in a cold cell for 12 hours, then "interviewed" me the next day. I waived my right to a lawyer, gave a recollection of the night's events in the form of a recorded statement, and then was released.The night they arrested me, they scoured my house, taking cans and bottles from the party, emptying my vacuum cleaner, questioning my wife, swabbed a stain on a couch...all of which will 100% come up with nothing because nothing sexual took place.During my interview, I told them I'd be happy to supply a DNA sample (she apparently went to a hospital, so I presume they would have something to compare it to) and they asked me if I would take a polygraph. At the time, freezing cold and working on no sleep and confused and scared as hell, I happily agreed, but after contacting a local lawyer today who firmly advised against it and then doing some research on polygraphs, I'm having second thoughts. The lawyer's position was that if I was genuinely innocent, then no evidence could exist against me and I really shouldn't worry.But I am worried, obviously - I have no idea the onus they'd need to press charges, and if I back out of a polygraph now (while still supplying DNA) on the basis of a lawyer's advice, does that make me look guilty? I have no background with criminal law, no prior record at age 36, so I'm just not sure.So, as of now, no charges, and I've continued to be in touch with the investigators concerning a few bits of new (but mostly unimportant) information. Also, as of now, they haven't contacted the other male party who has been accused, not even by phone.Thank you very much!
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