Sexual Assault Lawyers in Toronto
Sexual Assault refers to any kind of unwanted sexual activity. It encompasses any kind of assault to a person that violates their sexual integrity, whether or not injuries are involved. Sexual Assault is considered a serious offence in Canada, and may incur very grave consequences for an offender in Canada.
Sexual Assault is covered under s.271 in Part VIII of the Canadian Criminal Code
Sexual Assault is considered a hybrid offence, which means that the crown can elect to proceed summarily or by indictment depending on the specific details and gravity of the offence.
The punishment for sexual assault is dependent on the election of the Crown prosecutor; however, an offender may be liable to a minimum of jail sentence of 6 months, and a maximum jail term of 14 years as the case may be.
Key Takeaways
- Sexual Assault is considered a hybrid offence in the Canadian Criminal Code and the severity of the charge upon conviction is dependent on whether or not it is considered a general sexual assault crime. Where there is threat to life, bodily harm or any other form of aggravating circumstances, the Crown will proceed by indictment.
- The minimum and maximum punishments depend on the election of the Crown, but generally range from 6months to 14years or life imprisonment where aggravated sexual assault is involved. A fine of not more than $5,000 may also be imposed.
- Bail may be granted with conditions where the charge concerns general sexual assault. However, where more violent or aggravating circumstances are involved, or in the event that it is not a first time offence, a bail hearing may be necessary and must be held within 24hours upon arrest.
- Our Lawyers at Strategic Criminal Defence provide excellent defence strategies to enable the accused beat Sexual Assault charges. Book a Free Consultation now!
How can a Sexual Assault Lawyer in Toronto help?
Employing the services of an expert Lawyer is of utmost importance in ensuring that the accused gets the best possible outcome of trial, as a sexual assault charge can have far reaching social and physical consequences due to the delicacy of the charge.
Our legal team at Strategic Criminal Defence are experts in handling sexual assault cases and we provide the accused with precharge legal advice that affords them a comprehensive understanding of their rights, as well as guidance on giving incident reports and statements without further incriminating themselves. As this is a delicate issue, our legal experts are also able to guide the accused on the limits of their interaction with the victim and their family, as wells as any law enforcement agents or peace officers that may be involved in the case.
We also offer assistance with gathering and sorting through evidence as well as witness statements, and presenting them in a manner that gives credibility to the defence. The services of expert witnesses may also be employed if it is assessed to necessary for effective representation during trial.
Sexual Assault Charge in the Criminal Code of Canada
Sexual Assault in the criminal code covers a broad range of sexual offences, but is generally categorized into 3levels;
For contextual clarity on the details of the offence, assault is defined in the Canadian Criminal Code s.265(1)(a) as follows:
A person can be charged for sexual assault if it is established that there was intentional non-consensual touch of a sexual nature either with a bodily part or an object, and that the act was performed by the accused on the complainant.
Examples of Sexual Assault Charges
A person may be charged for sexual assault in any of these instances irrespective of the age of the victim;
- Any kind of unwanted sexual contact during medical treatment
- Unwanted/Non-consensual kissing or activity with a person who is intoxicated, or mentally incapable of providing informed consent
- Forced sexual contact including grabbling, touching, or fondling of any person
- Rape
- Touching a minor in a sexual manner
- Unwanted/non-consensual contact or activity in a work environment
Consequences of a Sexual Assault Charge
For a sexual assault charge, the Crown reserves the right to proceed summarily or by indictment depending on the peculiarities of the case. However, where the charge is considered to be a 2nd or 3rd level offence such as aggravated sexual assault, or sexual assault involving the use of a weapon or resulting in threat or bodily harm to a third party, the offence is considered an indictable offence.
In evaluating the gravity of the offence and the type of penalty to be invoked, the court will take into consideration the number of incidents, age of the victim, whether or not it is a first time offence, as well as the extent of sexual contact involved. According to s.271 of the Criminal Code, the penalties for a conviction of sexual assault are dependent on the procedure elected by the Crown as follows;
Summary Conviction: Minimum = 6months; Maximum = 18months or 2years less a day if the complainant is under 16
Conviction by Indictment: Minimum = 1year; Maximum = 10years or 14years if the complainant is under 16
A fine of not more than $5,000 may also be imposed alone or alongside the minimum charges as the court may please. Furthermore, where the charge involves aggravated sexual assault, the accused may be liable to a life sentence. The accused could be liable to jail term even where it is a first time offence.
In addition to the jail term and fines, further restrictions and sanctions such as compulsory registration with the National Sex Offender Registry, may also apply in accordance with the National Sex Offender Information Registry Act (SOIRA). If the victim is under 16years old, a person may also receive a prohibition order pursuant to s.161.1(a-d) of the Criminal Code.
Sexual Assault Charge Defences
In considering the merits of a sexual assault charge, the two main elements to be taken into account are the presence of sexual touching and the intent to touch due to recklessness or willful blindness to the victim’s disapproval or revocation of consent. Our outstanding defence lawyers will focus on proving the absence of one or both elements of the case using these strategies;
- Identity: The defence may wish to prove that the accused has been wrongly identified as the perpetrator by the complainant and/or law enforcement agents. This will require the presentation of strong corroborative evidence such as an alibi exempting the accused from the offence due to absence from the incident scene or absence at the time of the incident.
- Consent: s.273.1(1) & s.273.(2) give a clear definition on what consent is, and circumstances where no consent can be said to have been given. To invoke this strategy, the defence may have to prove that the complainant expressed consent to all sexual touching at the time the touching took place. It is important to note that consent must be expressed not implied and that it can be revoked at any time in course of the activity. Furthermore, consent cannot be said to have been granted if it was forcefully obtained through threats, fear fraud, or the exercise of power or authority over the complainant.
- Moral Innocence: This refers to an honest but mistaken belief in consent. This defence may be used where there is evidence to the fact that there was ground for an actual mistaken belief not on the basis of willful blindness or recklessness to the absence of consent.
- No Sexual Contact: Sexual contact is one of the key elements of a sexual assault charge. The defence may therefore need to proof that there was no sexual contact by providing evidence to the fact that the complainant had reasonable motive for a false complaint.
- Applicable Charter Defences: This strategy can be employed if the accused was not properly informed on his rights as stated by the Canadian Charter of Rights and Freedoms, and/or any of the rights as may apply were violated during and after arrest.
In addition to the strategies stated above, an excellent defence may also secure a charge dismissal by acquiring a peace bond, intermittent and suspended sentences, or conditional or absolute discharge.
Sexual Assault Charge Investigation
A sexual assault charge in Canada has no statute of limitation. This means that the alleged victim is allowed to press charges at any time irrespective of how long ago the offence may have occurred. Due to the nature of the crime, investigation may only typically begin when a report is made at a Police Station by the victim, relative or a witness. The Police will usually demand a written statement from the complainant before launching the investigation. Thereafter, witnesses will be interviewed and visits will be made to the crime scene in order to gather all available traces of evidence such as surveillance footages, seizure of weapons as well as photographing of the crime scene.
Sexual Assault is a violent and delicate crime as the consequences may be far reaching for both the victim and the accused. The police may therefore be required to take further steps such as Forensic and Medical examinations to ascertain the veracity and viability of the claims by both parties. This may involve the collection of DNA samples as well as any other materials or specimens that may be necessary for testing. For sexual assault cases medical evidence is best collected within 72hours of the crime, though the evidence may still be available up to 12days later. This may be necessary to prove the type and extent of injuries incurred as a result of the offence. Even in cases where a charge is withdrawn, the Crown Prosecutor may still decide to subpoena the claimant to appear in court against their wish, and may further choose to pursue charges depending on the severity of the offence.
After all evidence has been gathered, the police may invite the accused for questioning or may proceed to arrest. A disclosure package will consequently be made available to the accused through their lawyer to give them an idea of the strength of the Crown’s case.
Bail Conditions for Sexual Assault Charges
A person convicted for Sexual Assault may be released at the scene if a release order is available and there are no obvious aggravating circumstances to the offence. The accused will however be required to sign a promise to appear document containing a detailed outline of the charge, as well as any required appearances and restrictions that may apply. Conditions may include curfews/ house arrest including ankle monitoring, mandatory counselling, restricted contact to the victim and their family, travel restrictions, as well as restrictions on use of drugs and alcohol.
Where there are aggravating circumstances or a pre-existing criminal record, bail hearing may be required and this will typically hold within 24hours upon arrest. Bail may not be granted if there is reasonable ground to belief that the accused will run away, the accused poses a serious threat to the public, or detainment is necessary to maintain the public’s confidence in the administration of justice.
Frequently Asked Questions: Sexual Assault
What is considered Sexual Assault in Canada?
Sexual Assault according to the Canadian Criminal Code refers to any kind of unwanted or non-consensual sexual activity that violates the sexual integrity of a person.
What are the three levels of Sexual Assault?
Sexual assault is categorized in the Canadian Criminal Code depending on the circumstances involved in the offence as sexual assault with physical contact such as fondling or intercourse, sexual assault without physical contact such as use of a weapon or other object, and aggravated sexual assault such as wounding, maiming or endangering the life of another person.
How long do you go to jail for Sexual Assault in Canada?
The jail term for sexual assault is dependent on the conviction procedure elected by the crown. Jail term may range from a minimum of 6months to a maximum of 14years or life imprisonment based on the severity of the offence.
Related Offences
- Child Pornography: Refers to accessing, possessing, distributing, and making pictures or videos of a child engaging in sexual acts or for sexual purposes.
- Sexual Assault: Sexual assault refers to any kind of unwanted activity, and may include a variety of sex related charges such as aggravated sexual assault and sexual assault with a weapon.
- Voyeurism: This involves secretly watching or observing persons who are nude, about to have sex, or are already in the process of having sex.
