When a client presents in our rooms accused of historical sexual assault, our mind immediately turns to the difficulty that the prosecution has in proving the case and the difficulty in defending the case. Historical allegations of sexual assault have complex evidential matters to be considered for both the prosecution and defence. Of course, the longer the time period between the alleged offending behaviours and the matter coming to trial shapes how well the defence can prepare the case.
This does not suggest that the defence is solely tasked with defending the case. The accused always has the presumption of innocence, the right to silence and the burden of proving guilt resides solely with the prosecution.
The Impact of Time on Evidence
In other words, when there has been a lengthy delay, the opportunity to gather evidence surrounding the purported allegation is lost. From the defence side, diary records showing the movement of the accused, work and travel records, providing the ability to readily recall his movements during and around the time of the allegation, conversation with 3rd parties who for example can say that the accused was no where near the scene of the alleged crime Also evidence of the movements of the complainant, school records, medical records accounts from friends and family teacher, counsellors and medical professional for example, are also lost. Ultimately, the longer the delay means that the jury can only rely on what the complainant says and the denials by the accused.
The Case for a Statute of Limitations
There are many reasons to bring back the statute of limitations, that is, a complaint must be made within a certain time frame – principally to allow fairness to the accused. This is not the case in the criminal, jurisdiction. This law firm regularly defends men where the allegations go back decades. Definitely not fair to the accused.
