TORONTO, ONTARIO--(Marketwired - Mar 12, 2015) - According to David Bayliss (http://www.davidgbayliss.com), a veteran Toronto criminal defence attorney with 30 years of experience, recent reporting on the Jian Ghomeshi alleged sex scandal and the Bill Cosby alleged sexual assaults has triggered a rise in inquiries from people interested in reopening sexual assault cold cases, as well as questions about what to do in the event that an individual is accused of a sexual assault that is alleged to have occurred many years in the past.
Allegations against Jian Ghomeshi brought on an avalanche of press for his "rough sex" assaults after a number of female accusers came forward. Ghomeshi has hosted the CBC Newsworld TV show (2002-2005), the CBC Radio One radio show, The National Playlist (2005-2006), and the CBC Radio One show Q, which was the highest rated show for that timeslot in CBC's history. Ghomeshi helped create and hosted Q (2007 to 2014) until he was fired by the CBC. Ghomeshi is awaiting trial on multiple counts of sexual assault and one count of overcoming resistance by choking. He was arrested and charged in 2014 with four counts of sexual assault, and one count of choking, in relation to three complainants. He was later charged with three additional counts related to three more women in January 2015. Ghomeshi's lawyer has stated that he is pleading not guilty to all the charges.
High profile comedian Bill Cosby is currently facing accusations from multiple women that he drugged, assaulted and raped them, as more alleged victims continue to come forward. As of January 2015, at least 34 women have accused Cosby of drugging or sexually assaulting them. Cosby has, for the most part, declined to discuss the claims. So far, all the alleged assaults took place before 2004, and the statute of limitations for civil action has run out. Although criminal statutes vary in the United States, it is difficult after such a long time to successfully prosecute in the USA.
In Canada, there is no time limit for laying a criminal charge. Thanks to a 1992 Supreme Court decision and following legislative changes in many provinces, time limits for filing civil sex assault claims are flexible. In Ontario, a sex assault lawsuit can almost always go ahead regardless of the time that has past, unless the defendant can prove the plaintiff should have been held to a shorter limitation period.
David G. Bayliss has been defending many individuals against sex assault charges, even though the alleged crime had been committed many years before. "The Cosby sexual assault allegations and the Ghomeshi charges have been in the news almost daily. The coming forward of alleged victims to press charges and talk with national media about the nature of the assaults, has encouraged many other complainants to inquire about initiating historical sexual assault allegations. It works both ways. Victims want to know their rights and potential outcome if they seek justice for an alleged crime, and individuals who are, rightly or wrongly, accused as a perpetrator want to know what happens and what they can do if a plaintiff comes forward. Certainly, those who have been charged, or those who feel they could be charged, need to speak to a lawyer before they speak to anyone else. Such comments can be misconstrued and become evidence against a defendant in a criminal or civil case," says Bayliss
"We have noticed a marked increase in both inquiries and case load in sexual assault cases. Criminal court charges often also spill over into civil court proceedings where plaintiffs seek restitution. It is important that those who feel they could be at risk should contact a qualified criminal lawyer with experience in these matters ... before things spiral out of control" adds Bayliss.
About David G. Bayliss Professional Corporation: A seasoned Toronto criminal defence attorney with more than 30 years experience, David G. Bayliss has handled hundreds of jury and non-jury trials with an exceptional rate of success. An expert in Canadian criminal law, he understands that not all cases are the same and his Toronto law firm provides a quality, personalized legal defence for each client. He believes that those charged with crimes deserve strong and competent representation. David has successfully defended clients against criminal charges of murder, sexual assault, drug possession, drug trafficking and importing, domestic assault, theft, gun possession, robbery with a firearm and fraud, and is highly experienced defending clients whose Canadian Charter of Rights and Freedoms have been violated. For more information call the David G, Bayliss criminal defense team at 416-598-5250 or email firstname.lastname@example.org.