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What is Sexual Assault?
Sexual Assault is defined by section 271 of the Criminal Code of Canada. Section 265 defines assault generally: "A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs." This section applies to all forms of assault. Under section 271, "Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not more than 10 years or, if the complainant is under the age of 16, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year" (known as a mandatory minimum sentence if the complainant is under 16 years). Or, (b) "an offence punishable on summary conviction and is liable to imprisonment for a term of fnot more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months." (a mandatory minimum sentence if the complainant is under 16 years of age).
Consent is an integral issue that forms around allegations of sexual assault cases. Consent is more a question of fact that will require determination by the trier of fact. There are other specific sexual offences in the Criminal Code, such as Voyeurism, Child Pornography, Sexual Exploitation, Invitation for Sexual Touching, etc. A person charged with a sexual assault may also be charged with additional charges depending on the specific circumstances surrounding the allegation.
If you have been charged with a sexual assault, there are certain defences that a lawyer can discuss with you, such as consent. Our criminal defence lawyers routinely defend sexual assault charges in Mississauga, Brampton, Milton, Oakville, Burlington, Toronto, Vaughan, Newmarket, Orangeville, Hamilton, Barrie, Collingwood, Bradford, and Wasaga Beach. If you have been charged with sexual assault, contact our criminal lawyers for a free telephone case evaluation today. Our experienced criminal lawyers are here to assist you. Our lawyers routinely represent all assault charges in the Ontario Court of Justice and Superior Court of Justice in Brampton, Milton and Toronto. Being charged with a sexual assault will most often be treated with the most seriousness by the Domestic Violence Crown Attorneys who form a team of domestic violence Crowns with a no-tolerance policy. Our criminal lawyers understand the Crown policy and can assist you to resolve your case as quickly as possible. We work as a defence team where two or more experienced lawyers will simultaneously have carriage of your sexual assault case until it is resolved. Our criminal lawyers also attend court on your behalf so that you do not have to miss work. Ask us how we can assist you with your defence of a seual assault charge, and call us today. Contact our criminal lawyers today for a FREE TELEPHONE CONSULTATION .
What Happens when you are charged with a Sexual Assault under the Criminal Code of Canada?
Being charged with a Sexual Assault under the Criminal Code of Canada can be very serious. When you are charged with a sexual assault, the police will formally arrest you and charge you. You will then either be held for Bail court the next morning, or you may be given what is called a "Promise to Appear" form. Depending on the aggravating circumstances surrounding the allegations, it is more likely that you will appear in bail court and will require a Surety (approved by a Justice) who will agree to monitor you. You will also receive a first court date and a fingerprints date that you will be required to attend by law, if you were not held in bail. We always recommend hiring a criminal sexual assault lawyer prior to your first court date so that you may understand the court proceedings against you and have proper representation from the onset. Once you hire a criminal lawyer, or what is known as 'Retain' a lawyer, you will not have to attend your first court date upon signing a form with your lawyer. Contact our criminal lawyers today for a FREE TELEPHONE CONSULTATION .