Yes and no. Yes, it may make you look guilty to the police. And no, that doesn’t matter.
That’s because when you are exercising your right to remain silent, you are exercising a constitutional right. Because you are exercising a constitutional right, the fact that you choose to remain silent in the face of a criminal allegation is not itself evidence that can be used against you. Even if the police were to think that makes you look guilty, what they think won’t make any difference in court. That’s because what they believe has no evidentiary value and won’t form part of the Crown’s case.
If you are a suspect in a sexual assault investigation, you may be asked if you will agree to take a polygraph or lie detector test. Should you agree?
The short answer is No.
There is a reason why the results of polygraph examination are not admissible in court. That is because they are not considered sufficiently reliable and are seen by many to be junk or pseudoscience. The police, however, like them. But not necessarily for the reason you might think.
Based on my almost three decades of experience as a Vancouver Criminal Lawyer and a Sexual Assault Lawyer in Western Canada, there are two principal reasons why you should exercise your right to remain silent when you are being investigated for an allegation of sexual assault, sexual interference, sexual exploitation, invitation to sexual touching, child luring, or possession of child pornography.