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Sexual Assault Charges

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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 .

Our Lawyers represent clients charged with Sexual Assaults

Access the Criminal Code of Canada here

Assault Cases in the News

  June 27, 2017 CBC News

Brampton High School Teacher is facing more sexual assault charges

Brampton High School Teacher is facing more sexual assault charges...

  June 8, 2017 Insauga

Man posing to be a doctor is charged with sexual assault of female patient

A man posing to be a doctor has been charged with sexual assault of a patient in Mississauga...

  June 22, 2017 CTV News Barrie

York Regional Police Officer Charged with Sexual Assault again

Young Min Von Seefried was an officer with York Regional Police when he was accused of sexually assaulting someone during a traffic stop in 2015...

  Sep 26, 2014 The Canadian Press

Mountie sentenced for assault

A central Alberta Mountie found guilty of using excessive force during an arrest has been sentenced to two months in jail. Lavallee, who is assigned to the Maskwacis ...

  Sep 25, 2014 The Canadian Press

Ontario doctors not guilty of sexually assaulting woman

An Ontario judge has found two doctors not guilty of drugging and sexually assaulting a medical student in 2011. Dr. Amitabh Chauhan and Dr. Suganthan Kayilasanathan were accused of...

  Oct 2, 2014

Two 12-year-olds charged with assault with a weapon following hockey brawl

A violent hockey fight in Winnipeg last February made headlines across the country. But now two 12-year-olds face criminal charges for their role...

  Sep 25, 2014 CBC News

McGill suspends Redmen football player for pending assault charges

Officials from McGill and the Montreal police will not name the player. Montreal police say the 22-year-old man faces charges of armed robbery, assault and uttering threats...

  Sep 29, 2014 CTV Winnipeg

Suspect facing child porn, sex assault charges was previously Scout leader

A radio DJ who last week was the subject of a missing persons report by the Winnipeg Police Service is now facing sexual assault...

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