It is crucial to mention that I am not gender-biased so this article could be useful to both men and women. My intention of writing articles in this nature is to prevent miscarriage in justice system and punish those to the fullest extent who take advantage of justice system by making up false allegations of sexual assault for their own financial benefit, blackmail, mischief, revenge, spite, hatred.
As it is becoming more and more epidemic in our society when a man or boy, a woman or girl brings up false allegations of sexual assault upon a person of same sex or opposite sex, we need to think of ways to protect ourselves when we see it coming.
In some cases allegations of such nature could be historical which would be harder to prove in court. Yet to avoid such inevitable disputes in court, it is best to document sequence of events on digital audio and video recording devices and have them stored in a safe place for instance cloud services on the internet.
The reason why I am suggesting storing audio and video evidence/documentation in secure cloud services (Google Drive or DropBox), is their accessibility over internet in case you are incarcerated and your hands cut off from the outside world or in the event the devices are ruined or vanished by the time you are released from custody.
VERY IMPORTANT:
The Criminal Code, R.S.C. 1985, c. C-46 [Criminal Code] imposes a general prohibition on interception (recording) of private communications, but then provides an exception where one of the parties to the private communication consents to the interception of that communication. Thus, broadly speaking, Canadians can legally record their own conversations with other people, but not other peoples' conversations that they are not involved in.
IN OTHER WORDS:
You can legally record any conversation that you are part of without consent of the other person.
AND
You cannot legally record a conversation between two other people as a third party unless you have their consent.
In addition to the above mentioned statements below is a simpler version by Howard Levitt an Employment and Labour Lawyer:
"You can walk around with a tape recorder all day long if you wanted to in Canada"
Here is a list of very important things you would have to pay close attention to before making an audio or audio and video recording:
1. Having both audio and video recording is always better than just the audio
2. Make sure the recording is continuous and there are no gaps or cut offs during the recording or you will be questioned in court.
3. The date and time stamp is extremely important in court as this could present the exact date and time an incident took place. If it is just an audio recording try to say the date and time verbally either at the beginning or the end of recording for the purpose of documentation.
4. Make sure your recording is not modified and presented in court in its intact condition or there will be questions about the integrity of the content.
5. Try to record as many hours, days and months possible because charges are laid on specific days and if your evidence date does not match the date of charges laid by the Police, your evidence will be challenged or not useful at all.
6. As soon as a recording is made upload it to the cloud (Google Drive or DropBox) because another hour or another day might be too late and you might get arrested and your hands cut off from the evidence before you know it.
7. Once you have collected your evidence and uploaded your evidence to the cloud, in the event you get arrested DO NOT mention anything about the existence of such evidence to the Police because it will work against your favor once your trial starts. There are couple of reasons why you should keep your mouth shut; the main one being that both crown attorney and the complainant will become aware of such evidence and be prepared for their part of story. As a result, your attorney will not be able to surprise them with their lies and catch them on those.
Now, when it comes to such time-sensitive point in your life you would want to get at least a few audio and video recording devices as fast as you can. Again, another minute, another hour, another day might be way too late to prove your innocence although they say you are innocent until proven guilty and all it takes to find you guilty is one bad judge who would find the complainant(s) story more believable and more credible than yours.
Below is the list of a few items which you could buy from eBay or similar online stores but keep in mind that buying them online, shipping will always take anywhere from 4 to 8 weeks. For that reason I would suggest looking for local sellers because the clock is ticking.
1. USB VOICE RECORDER - With this voice recorder you will get anywhere from 12 to 15 hours of continues audio recording and since it is not voice activated it would be perfect as court evidence. What I like about it is the crystal clear sound quality which picks up high quality audio within 15 meter radius and the fact that it looks just like a regular USB stick. I also I like the simplicity of this device, you do not need any special software, drivers or cables to operate it, everything is through the USB port. The only thing is that you have to charge up the device between 3 to 4 hours before you can use and while it is being charged it can not record. Once again back up your evidence to the cloud before it is gone!
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