Even if you think you are innocent, you should always seek the advice of a criminal defence lawyer before speaking with the police. Seeking the advice of an experienced Edmonton sexual assault lawyer will provide you with the necessary information you need to know about your rights and responsibilities. Hiring a respected criminal defence lawyer is the most important first step to ensuring anything you say or do will not be used against you in your criminal case.
Police, prosecutors, and the courts take sexual assault allegations very seriously in Canada. What defines sexual assault? Sexual assault is a term used to refer to all incidents of unwanted sexual contact, not just non-consensual intercourse. Sexual assault includes touching, kissing and fondling.
To further explain what defines sexual assault Section of the Criminal Code of Canada states a person is committing assault including sexual assault when: Are there different sexual assault allegations?
Sexual assault does not mean just one type of act. If you are accused of sexual assault, our Edmonton or Grande Prairie office can provide a free consultation on the potential charges you may face.
When sexual assault allegations are made, there are three different charges that the accused may face. The Criminal Code of Canada s. Each level indicates the level of physical injuries that the complainant has sustained. Sexual assault level 1 suggests the accused committed an assault of a sexual nature, which violated the sexual integrity of the complainant but minor or no physical injuries were sustained. This can include kissing, touching, oral sex, vaginal or anal sex. It is important to note that the issue of consent is very important when it comes to Level 1 sexual assault.
If the complainant was drunk, under the influence of drugs, asleep or unconscious when the alleged sexual assault occurred, he or she may not have been able to could not freely give consent to the sexual activity. Sexual assault with a weapon, threats to a third party or causing bodily harm level 2 suggests the accused committed an assault of a sexual nature while carrying, using threats, or threatening to use a weapon,; or threatening to cause bodily harm to a person other than the complainant; or causes the complainant bodily harm.
Aggravated sexual assault level 3 suggests the accused committed an assault of a sexual nature that resulted in maiming, disfiguring, or endangering the life of the complainant. Additional information you should know about sexual assault offences: Canada offers no statute of limitations on sexual assaults. This means there is no time frame in which you can be accused of a sexual assault. An incident could have occurred years ago. Hiring a well-respected criminal defence lawyer is the first step to a successful outcome against all allegations.
Contact our Edmonton or Grande Praire Office for a free consultation. What are other sexual offences besides sexual assault? Bestiality — Penetrative sex, either vaginal or anal with an animal. Child pornography —Accessing, distributing, or possessing child pornography sexually explicit or sexually suggestive video or photographic representations of anyone under the age of Invitation to sexual touching — Invites, counsels, or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years.
Luring — Using a telecommunication computer system to communicate with a person who is believed to be under a specific age 18, 16, or 14 to facilitate an offence under the Criminal Code. Depending on the age of the person that you are communicating with, different offences apply. Sexual exploitation — A person in a position of trust or authority, for a sexual purpose, touches, directly or indirectly, with a part of the body or an object of a young person or person with a disability.
Or, for a sexual purpose, invites, counsels or incites a young person or person with a disability to touch the body of any person including the person who is inciting, counselling or inviting, directly or indirectly, with a part of the body or an object.
Sexual interference — For a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years. Voyeurism — Observing or recording someone who has a reasonable expectation of privacy. Criminal Code of Canada s. As noted above and in the Criminal Code of Canada s.
What is the age of consent in Canada? The age of consent in Canada is 16 years. While there are exceptions as detailed below , only when the person turns 16 years of age is she or he legally allowed to give consent to take part in sexual activity. What is important to mention is that these exceptions are only valid if the older partner is: If none of the above exceptions applies and a person under the age of 16 engages in sexual activity, a criminal charge could be laid.
The year-old may therefore, be found guilty of a sexual assault. Can there be a mistaken belief of consent? There are circumstances when the accused has had an honest mistaken belief of consent.
This can happen through verbal or physical communication. Keep in mind; honest mistaken belief of consent is not valid if the accused took part in any of the following scenarios at the time of the alleged sexual assault: Sufficient evidence provided by the accused is required.
An experienced sexual assault lawyer can help gather the evidence necessary for an acquittal. Because of the broad range of what constitutes a sexual assault, you may be facing anything from probation to an extended period of incarceration. The maximum sentence that you may face is 14 years imprisonment or 10 years imprisonment depending on the age of the complainant. A conviction for a aggravated sexual assault conviction can mean life in prison. In addition to being imprisoned, a sexual assault conviction could be followed by a civil lawsuit.
What is the National Sex Offender Registry? This is a database with information on individuals, across the country, who have been convicted of designated Criminal Code offences.