How to Defend Against “He Said/She Said” Cases in Criminal Court
At BW Law, we often encounter the question: “How can they prove it when it’s just their word against mine?” It’s a common frustration for those facing what’s known as “he said/she said” cases. In these situations, the presumption of innocence can feel meaningless, leaving an accused person feeling as though they need to prove their innocence in a credibility contest.
The Role of Credibility in Court
When it comes to credibility contests in trial, our lawyers at BW Law can guide you through the process. We focus on explaining how the burden of proof is heavily on the prosecution, meaning any doubt goes in favor of our client. In most cases, the accused will need to testify to provide their side of the story, which allows the judge or jury to weigh both accounts.
However, each case is unique. That’s why we work closely with our clients to develop a defense strategy tailored to their specific situation, based on the evidence and information they provide us.
The Importance of Cross Examination
A well-prepared cross examination is a cornerstone of any strong defense. This process starts well before the trial even begins, from the moment you reach out to one of our lawyers. We thoroughly prepare for cross examination, ensuring we expose weaknesses, biases, and inaccuracies in the Crown witnesses’ testimonies. This attention to detail helps in the truth-finding process and lays the foundation for a solid defense.
The right to cross-examine is not only a legal duty but a fundamental right for the accused. It’s their opportunity to question their accuser and challenge the prosecution’s version of events.
How Cross Examination Supports a Fair Trial
Cross examination is central to discovering the truth in a criminal trial. A focused, strategic cross examination that avoids unnecessary detours is the most effective way to build credibility for the defense, even before the accused takes the witness stand.
The Supreme Court of Canada has recognized the right to cross-examine as being of critical importance, so much so that it’s protected under sections 7 and 11(d) of the Charter of Rights and Freedoms. While this right is broad, it must follow rules concerning relevance and probative value, and in some cases, it must balance the dignity and privacy of witnesses.
Leveraging Evidence for a Strong Defense
Before trial, the accused has the right to know the full case against them. This involves complete disclosure of the prosecution’s evidence, including the results of police investigations, forensic analysis, and expert opinions. At BW Law, we use this disclosure to craft a targeted cross examination, testing the accuracy and reliability of witness testimonies.
A key rule during cross examination is ensuring that the witness is given the opportunity to agree or disagree with the version of events the accused plans to present. The statements and evidence provided by our clients are vital in preparing for this part of the cross-examination process.
When an Accused May Need to Testify
Not every case revolves around credibility contests. Every accused person has the **right to remain silent**, and they are not required to testify in their defense. However, in cases where credibility is the central issue, the accused may find themselves needing to testify to defend their side of the story.
We work with our clients to ensure that they are fully prepared to present their evidence at trial. From the very first meeting, we ask our clients to document their memories and provide all relevant evidence—whether it be photos, emails, text messages, or contact information for potential witnesses.
Empowering Clients for Success
At BW Law, we strive to empower our clients to take an active role in their defense. We leave no stone unturned in reviewing all potential avenues for defending our clients, ensuring they are well-prepared to testify if necessary.
What’s Next: The Limits of Cross Examination
While the right to cross-examine is broad, it does have limits. Our next blog will explore the boundaries of cross-examination and how these rules differ for defense lawyers and prosecutors. Stay tuned!