Sexual Misconduct Offences

Sexual Misconduct OffencesSexual Assault: Pre-trial Applications pursuant to Section 276 and 278 of the Criminal Code

At Tarnow Criminal Law, we are committed to advocating for accused persons in cases of sexual assault in British Columbia, the Yukon, and the Northwest Territories. In a society where an allegation of sexual assault threatens to upend life as you know it, our lawyers serve as a source for expertise for alleged offenders navigating the complexities of the legal system.

Expertise in Sexual Assault Defence

Criminal proceedings involving allegations of sexual assault are especially complex and nuanced, often requiring lengthy and technical pre-trial applications to introduce important evidence for the Defence. Of crucial importance are pre-trial applications pursuant to Section 276 and Section 278 of the Criminal Code.

Sexual Assault LawyerSection 276 Applications: Evidence of Sexual History

An Application pursuant to Section 276 seeks to admit evidence regarding the complainant’s sexual history and/or behavior. For example, an Accused person may want the Court or jury to know that they were in a “friends with benefits” type of relationship with the complainant. Generally, this type of evidence is inadmissible so as to avoid perpetuating “twin myth” stereotypes, i.e. – it cannot be inferred that the complainant consented to the sexual activity in question simply because they had consented on previous occasions, regardless of the number of instances or the context of the relationship.

Section 278 Applications: Admissibility of Records

An Application pursuant to Section 278 seeks to admit records as evidence at Trial. This may include, but are not limited to medical records including a SANE (Sexual Assault Nurses Examination) Report (if one exists, it cannot be admitted into evidence at trial unless the complainant consents to its release, even though it may contain relevant information central to the charge), counselling records, social media posts, and text/digital communications. Evidence of the communications via text message between the Accused and complainant are one of the most frequently advanced applications under Section 278 as they can often contain invaluable information regarding pre and post offence circumstances, providing much needed clarity.

Sexual Misconduct ChargesThe Impact of False Allegations

At Tarnow Criminal Law, we have seen firsthand the devastating impact that false allegations can have on the lives of our clients. From tarnished reputations and strained relationships to loss of employment and social ostracization, the repercussions are far-reaching and long-lasting.

Protecting Your Rights

It’s crucial to approach allegations of sexual assault with sensitivity, thoroughness and the skill and ability to recognize the complexity of each situation. Our main priority is to protect the rights of the accused and achieve the best possible outcome for every client.

Tarnow Criminal Law is a renowned defence lawyer for individuals charged with sexual misconduct offenses in Yukon, the Northwest Territories and British Columbia. In addition to our specialization in this sensitive field, we provide a comprehensive range of criminal defence services, ensuring complete legal support for all your needs.
Cyber Crime

Pornography related, Harassment

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Offences Against Children
Violent Crimes
Uttering Threats to Cause Death or Bodily Harm, Attempted Murder, Manslaughter Aggravated Assault, 1st & 2nd Degree Murder, Assault with a Weapon, Domestic, Assault causing Bodily Harm

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Commercial Crime
Credit Card related offences, Breach of Trust, Identity Theft, False Pretences, Unlawful possession

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Young Offenders
All youth (ages 17 and under) who are charged with offences

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Driving Offences
Driving while Prohibited, Dangerous Driving, Impaired Driving/Driving over .08/Causing Death/Bodily Harm

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Firearm Offences

Unauthorized Possession of a Firearm, Weapons Trafficking, Carrying a Concealed Weapon, Pointing a Firearm, Possession of a Weapon for a Dangerous Purpose, Possession of Unauthorized Firearm, Possession of a Restricted or Prohibited Firearm, Possession of a Weapon Contrary to an Order, Use of Firearm in Commission of an Offence, Unsafe Storage of a Firearm

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Theft

Theft over/under $5,000, Possession of Stolen Property

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Would you like to talk with a sexual assault lawyer via video conferencing? Initial consultations can be held through encrypted video conferencing software like Zoom and MSTeams. All video consultations are fully confidential and protected by solicitor-client privilege.

“I was charged in a complicated situation involving elements of the both Criminal Code and immigration law. The amount of disclosure I received from the Crown prosecutors was overwhelming to me… but Dave helped me get through it all. Dave managed to work out favourable agreement with Crown that not only allowed me to continue living in Canada, but also ensured that I had no criminal record so that I can freely travel to the U.S.”
"His knowledge of the law is impressive."

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