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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1331
Experience:  Lawyer
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I've been accused of a assault and have questions. The

Customer Question

I've been accused of a sexual assault and have questions. The accuser is a known lier. Made many false allegations before about others. But I'm 24 now, and they accused me of sequel assault when I was 15 and he was 9. There are no charges being pressed. But should I be concerned and get a lawyer? Also apparently this is on my record for life if I do a vulnerable people crimimnal record check.
Submitted: 12 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 12 months ago.

Given the fact no charges have been laid, I don't see much value of hiring a lawyer (unless you wanted to sue the accuser for defamation- but even then if you were successful you wouldn't be looking at a big payout likely since the false accusations didn't lead to charges or anything). Similarly, because no charges were laid, you would not have any police criminal record of sexual assault, or any criminal offences for that matter. If you do get charges, then that would be visible on the vulnerable sector check and you would be wise to hire a lawyer, but unless and until that happens it doesn't seem as though there's any substantial impact or need for a lawyer at this time.

Customer: replied 12 months ago.
Thanks for the reply. But if charges were ever laid in the future (unlikely) would it be under the youth offenders act? Since the accuser says I was 15 at the time. What would be the outcome of this now that I'm 24? Would my name be made public?
Expert:  Daniel Freudman replied 12 months ago.

That's correct, it goes by whether the individual was under 18 at the time the offence was allegedly committed.

Specifically, under the Youth Criminal Just Act s.2:

"young person means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act."

So assuming you fall into the above category, which it sounds like you would, then your identity would be protected by virtue of section 110 of that Act.

Hopefully that answers your question.

Customer: replied 12 months ago.
Thanks, ***** ***** were ever laid would I be facing jail time? Would I have a criminal record? If charges were laid would I have a record? I was under the impression young offenders would not have a record in adult life. I'm concerned cause I work on emergency services and have to work with vulnerable people and so obviously I don't want these false accusations harming my life.
Expert:  Daniel Freudman replied 12 months ago.

You do not get a criminal record just from having charges laid against you. Being found guilty and receiving a conviction is first required. As for whether you'd get a record and/or jail time depends on the allegations. Since they would be false, who knows what they may say. If, for example, she says you raped her violently and you're found guilty of that then it's likely you'd get jail time. If, however, she just said you tried to kiss or or something and you're found guilty of that, then jail time and a record are very unlikely. And of course regardless of what she says if you're found not guilty then you wouldn't get any conviction or jail time.

Expert:  Daniel Freudman replied 12 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much.