What If the Alleged Victim Wants to Drop Assault Charges?

Can the Alleged Victim Drop Assault Charges in Calgary?

Once the criminal charges have been filed in Calgary, the alleged assault victim does not have the right to withdraw those criminal charges on his or her own. It is the Crown prosecutor who makes such a decision.

An individual who makes an allegation is called a complainant. Even if the complainant himself or herself initiated a case and was the one who reported to Calgary Police Service, he or she does not determine the course of the prosecution.

According to the Alberta criminal justice process, police investigate crimes and may file criminal charges if there is enough evidence to do so.

Crown prosecutors consider two main questions:

1. Is there a reasonable likelihood of conviction based on the available evidence?
2. Is continuing the prosecution in the public interest?

Both requirements must be satisfied for the prosecution to continue.

What Happens if the Complainant Changes Their Story or Refuses to Testify?

When the Complainant Retracts an Assault Allegation

Retraction is when a person withdraws or substantially modifies an earlier allegation.

For example, let’s say a resident of Calgary makes a complaint to the police that he or she was pushed by someone intentionally. A few weeks after that, the individual says that the pushing was not intentional but accidental.

Such information may influence the ability of the Crown to prove the elements of assault as defined in section 265 of the Criminal Code.

The prosecutor has to consider the new explanation, the original complaint, and any other evidence that exists.

A retraction does not necessarily mean that the original allegation is not true. At the same time, prosecutors cannot think that each retraction occurs because of intimidation.

In case the Crown is unable to prove a reasonable likelihood of conviction, it may be necessary to withdraw the charge.

Where the complainant substantially changes an earlier account, it may also be necessary to examine what happens when a witness changes their story before a criminal trial.

Can the Crown Continue Without the Alleged Victim’s Cooperation?

Yes. In some cases, the Crown can continue prosecuting an assault charge even when the complainant refuses to cooperate.

Other evidence may support the allegation, including:

• Recordings of the original 911 call.
• Surveillance footage from nearby businesses or residential properties.
• Photographs showing injuries.
• Statements from independent witnesses.
• Relevant medical records.
• Admissible statements made by the accused.

For instance, if there was an assault that took place outside a Calgary nightclub and the video evidence is clear, the prosecution cannot rely solely on the witness testimony.

Nonetheless, past police statements and recordings are not always admissible to prove all the contents they have. The Crown must abide by the rules of evidence.

Can the Alleged Victim Be Required to Attend Court?

Even a complainant who does not want to testify can be issued a subpoena to compel attendance in court.

An effective subpoena compels the recipient to attend in court. Disregarding it leads to legal action and even issuance of a warrant.

The witness is obligated to tell the truth when testifying. However, if the witness honestly believes that their previous statement was untrue, there is no obligation to repeat it.

If the complainant’s testimony changes, the Crown and defence can compare their statements.

Whether or not a conviction can happen depends on the evidence that the court can accept.

Why Are Domestic Assault Charges Treated Differently in Calgary?

What if Both Partners Want to Reconcile?

Suppose we have a Calgary couple whose dispute results in an assault charge. Assume that after having been away from each other for some weeks, they both feel that their relationship should go on.

They inform the police that they do not wish to see the accused person being criminally charged. The prosecutor’s office might take this into consideration but is not obliged to act accordingly.

The prosecutor may examine:

• The seriousness of the alleged incident.
• Whether injuries occurred.
• Any history of reported violence or threats.
• Whether the complainant is making the request voluntarily.
• The presence of children or other potential safety concerns.
• The available evidence independent of the complainant’s testimony.

It can also be determined if the change in stance by the complainant is real or caused by intimidation.

It is not to imply that a person accused is considered to be guilty. The prosecution should prove the criminal charge beyond reasonable doubt.

Cases involving partners may also raise issues discussed in Calgary domestic violence criminal cases.

Does a Complainant’s Written Request Help?

The complainant can express his wishes to the investigating officer, Crown prosecutor, or victim services agent.

The written account will enable him to justify his change of mind.

Nevertheless, signing a letter to have charges withdrawn does not compel the Crown prosecutor to abandon his case.

When Might the Crown Withdraw or Resolve an Assault Charge?

Insufficient Evidence to Prove Assault

The Crown may withdraw an assault charge when the evidence no longer supports a reasonable likelihood of conviction.

For example, an investigation may reveal that:

• The accused was mistakenly identified.
• Independent witnesses contradict an important part of the allegation.
• New video evidence changes the understanding of the incident.
• The physical contact was accidental rather than intentional.
• The available evidence supports a lawful defence, such as self-defence.

A complainant’s corrected statement could contribute to this assessment, but the Crown must consider all relevant information.

An Assault Lawyer can review whether the available evidence supports the charge and what defence issues may arise.

Withdrawal or Stay of Proceedings

A Crown prosecutor can opt to drop a charge or impose a stay of proceedings.

Withdrawal terminates the prosecution of the accused without declaring them guilty.

Stay of proceedings is simply putting the proceedings on hold. Pursuant to section 579 of the Criminal Code, the proceedings may be re-opened within one year.

These two outcomes do not amount to an acquittal following the trial process.

The accused must fully understand what happened in his or her case to conclude the matter has been resolved legally.

The steps that follow an allegation can also be better understood by reviewing what happens after a criminal charge is laid in Calgary.

Resolution through a Peace Bond

Under appropriate conditions, the assault charge can be dealt with via a peace bond pursuant to section 810 of the Criminal Code.

A peace bond is a court order requiring the person to keep the peace and be of good behaviour, sometimes with other conditions.

Depending on the situation, conditions may involve staying away from certain persons, avoiding certain places, or certain weapons restrictions.

A normal section 810 peace bond runs for up to one year.

Executing a peace bond is not in itself a criminal conviction. However, the peace bond will show up in police and court records, and violation of conditions results in criminal charges.

A peace bond is not automatically available just because the complainant wants the assault charge dropped. The statutory criteria have to be satisfied, including the proper fear of future harm.

The Crown must agree to the disposition of the case involving dropping the assault charge.

Where this type of resolution is being considered, peace bond negotiation in Calgary may become relevant.

Alternative Measures for Eligible Cases

Not all criminal charges need to follow the normal route of being prosecuted.

It will depend on the policies of Alberta, the type of charge, as well as the circumstances under which the charge occurred.

Alternative solutions include counselling, educational programs, restitution and more.

Domestic violence charges come with additional conditions and should not be presumed to be eligible for alternative measures.

The criminal defence lawyers in Calgary can determine if there are any legal programs that could apply to such cases.

Can the Accused Contact the Complainant if They Want the Charges Dropped?

An accused person should carefully review their release conditions before contacting the complainant.

Assault charges, particularly those involving domestic relationships, may lead to conditions prohibiting direct or indirect communication.

A no-contact condition can prohibit communication through:

• Phone calls and text messages.
• Social media or messaging applications.
• Emails and letters.
• Friends, relatives or other intermediaries.

It does not mean that, just because the complainant contacts the respondent first, the latter is allowed to respond.

The rules concerning judicial interim release and release conditions can be important where a no-contact term is already in place.

What if Both People Want the No-Contact Order Removed?

The accused can apply for variation of their bail conditions using the proper legal channels.

Depending on the kind of release order, it might require consent from the Crown or an application to the court.

The opinion of the complainant can be taken into account, especially when there is a need for reconciliation and joint parenting, among other considerations.

But the modification has to be done legally.

As long as the terms have not been varied or cancelled, the accused has to comply with them.

Khalid Akram can review the charge, evidence and existing release conditions, while an Experienced Criminal Defence Lawyer can advise on the available steps based on the circumstances of the Calgary assault case.