Accused

My trial begins today. Several months have gone by since my arrest, and I had to go through all the steps of the legal process before coming to my trial. I can assure you that even though I am presumed innocent, it is really difficult for me to live with the weight of a criminal charge on my mind. I even spent a couple of days in prison after my arrest. The police and the Crown prosecutor were worried about the security of the victim if I were released. The judge eventually agreed to release me, under very strict conditions, while awaiting my trial date. Even out of jail, the wait was very long. At one point I actually thought about pleading guilty in order to end this nightmare as quickly as possible¾and to benefit from a more lenient sentence. But I am innocent! I cannot confess to a crime that I didn’t commit. So I chose to undergo a trial by judge and jury.

The reason why I am in this situation is simple: I am suspected of committing a serious crime: sexual assault. I said “suspected” because unless I am found guilty, I am still presumed innocent. This fundamental principle of Canadian law means that I will not have to prove my innocence during the trial. Rather, it will be up to the prosecution to prove beyond any reasonable doubt that I am guilty. If the jury has any doubt about my guilt, it must acquit me. It must be terrible to spend months, even years in prison when you are innocent. It is to avoid this very situation that the presumption of innocence exists. It is true that under this principle certain accused people may be acquitted even though they committed the crime, but our society has decided that it is better to free a guilty person than to imprison an innocent one.

Being accused of a crime can carry with it many very serious consequences. This is why, in addition to the presumption of innocence, the Canadian Charter of Rights and Freedoms guarantees several rights to protect me. One of the most important of these is the right to make full answer and defence. I can demand to have the help of a lawyer in making this defence. I am not an expert in law, and pleading my case on my own could be very complex and risky, so it makes sense to have an expert in the field come to help and advise me. This right also means that the prosecution must disclose all the evidence that it has against me, so that I can adequately defend myself. There is therefore no chance of surprise witnesses. What’s more, if the prosecution tries to present evidence that I did not know existed, this evidence will be rejected by the judge.

At the end of the trial, the jury must render its verdict. If I am unfortunate enough to be declared guilty, the judge will sentence me. He will have to take into account aggravating factors, like the seriousness of the crime I was found guilty of committing, as well as any mitigating factors, like the fact that I have no criminal record. The possibility of being found guilty and spending time in prison makes me nervous. Still, I have confidence in the good judgment of the jury and I hope that justice will be done. Often people say that the accused has too many rights, but imagine being in my place…an innocent person!