In criminal cases, there is sometimes a lack of evidence to back up the alleged victim’s claims. In these situations, the outcome is often determined by the conflicting testimonies of both parties. This can create a unique challenge for all sides.
It’s important to know how these cases are handled so you can understand the process with much more clarity. Here you’ll find everything you need to know about how ‘my word against theirs’ works in assault cases?
What is My Word Against Theirs Assault?
In assault cases, there is usually some evidence to rely upon. Even without the likes of video footage or DNA, there is usually physical evidence such as injuries or third-party witnesses. In ‘my word against theirs’ assault, there is little to none of this evidence.
That means the trial will rely heavily on the credibility of the case. It also makes it harder to prove the case beyond reasonable doubt. A skilled defense lawyer will use these weaknesses in a case when advocating for their client.
The Role of Credibility
Without any evidence, the credibility of both parties will be scrutinized based on several factors:
Consistency – Each statement made by each party needs to be consistent. If there are any discrepancies over time, then this will undermine their credibility.
Demeanor – The demeanor of all parties can influence the judge or jury. How each party presents themselves can change the perception of the case.
Plausibility – Here it’s determined whether or not the testimony was plausible given the circumstances. Essentially, this evaluates the likelihood of the assault described.
Motive – Does either party have a reason to lie? For example, there could be an existing personal vendetta or potential for financial gain.
The Burden of Proof
As mentioned, there is a burden of proof in Canadian law, and it lies with the prosecution. That means it’s up to the prosecution to prove the guilt beyond reasonable doubt. This is a safeguard to help protect against innocent people from being convicted.
In a “my word against theirs” assault case, proving a case beyond reasonable doubt can be highly difficult. If there are conflicting testimonies, for example, then it’s likely that the accused will be acquitted.
Corroborative Evidence
With the lack of solid evidence, any corroborative evidence can be crucial. This is evidence that can help to back up someone’s story. This might include:
Medical Records – If there was documentation of injuries then this would strengthen the case. These injuries need to be consistent with the alleged assault at the time of the incident.
Electronic Evidence – Here we’re talking about the likes of text messages, emails, or social media posts. These can be used to show how each party reacted before and after the event. Such as prior threatening behavior, or proving the alleged victim was not in distress.
Behavioral Evidence – Both parties will also look into any changes in behavior after the alleged assault. Specifically, they will be looking for behavior that aligns with either a perpetrator or victim.
The Role of an Expert Lawyer
In ‘my word against theirs’ assault cases, cross-examination can make or break a trial. If the accused is adamant they are not guilty, then one party is lying. Cross-examination is vital in finding weaknesses in testimony.
An experienced defense assault lawyer will challenge this testimony and expose any inconsistencies. They’ll scrutinize any motives to lie and help to cast doubt upon the case. They will also brief their client on how to stay calm and composed when under their own cross-examination.
Having experienced legal representation is important in any case, but especially when there is a lack of evidence. A skilled lawyer will effectively present their client’s case and use their knowledge and skill to best advocate for their client.
Canadian courts also rely a lot on precedents. These are previous judicial decisions that can act as a guide for the interpretation of law. A lawyer needs to be able to cite relevant case law to support their case and give the judge a relevant reference for their ruling.
Finally, a lawyer can be your guide through challenging times. Assault cases can draw public interest, affect personal/business relationships, and take a mental toll. A lawyer should guide their client through the process and be there to take the pressure off and answer any questions they may have.
Related Article: https://www.agpllp.ca/how-to-choose-a-criminal-defence-lawyer-in-ottawa/
Final Thoughts
“My work against theirs” assault cases in Canada can be complex. The legal system allows someone to bring forward a case without much evidence, but it counterbalances this by having to prove the case beyond reasonable doubt.
With the absence of solid evidence, a lawyer plays a huge role in determining the outcome of a case. If you’re facing an assault charge, then contact AGP LLP today. We can be there to guide you through the process and act on your behalf.
