If you are facing sexual assault charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Sexual assault refers to any kind of unwanted sexual activity. It includes 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 have significant consequences.
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 seriousness of the offence.
The punishment for sexual assault is dependent on the election of the Crown prosecutor; however, an offender may get a minimum of 6 months in jail, and a maximum jail term of 14 years.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of sexual assault beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto sexual assault lawyer today by calling (647) 986-8077.
Key Takeaways
- Sexual Assault is considered a hybrid offence in the Canadian Criminal Code and the severity depends 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 6 months to 14 years 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 24 hours after arrest.
- Our lawyers at Strategic Criminal Defence provide excellent defence strategies to enable an accused beat Sexual Assault charges.
How can a sexual assault lawyer in Toronto help?
Contacting a Strategic Criminal Defence lawyer is important to ensure that an accused gets the best possible outcome of trial, as a sexual assault charge can have far reaching social and physical consequences.
Our legal team at Strategic Criminal Defence are skilled 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 lawyers 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 Charges in the Criminal Code of Canada
According to section 271 of the Criminal Code:
Sexual assault
Every person who commits a sexual assault is guilty of
- an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
- an offence punishable on summary conviction and is liable to imprisonment for a term of not 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.
According to section 272(1) of the Criminal Code:
Sexual assault with a weapon, threats to a third party or causing bodily harm
Every person commits an offence who, in committing a sexual assault,
- carries, uses or threatens to use a weapon or an imitation of a weapon;
- threatens to cause bodily harm to a person other than the complainant;
- causes bodily harm to the complainant;
(c 1) chokes, suffocates or strangles the complainant; or
(d) is a party to the offence with any other person.
According to section 273 of the Criminal Code:
Aggravated sexual assault
Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
Examples of Sexual Assault Charges
Here are some examples of what can lead to sexual assault charges in Toronto:
- 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
- Touching a minor in a sexual manner
- Unwanted/non-consensual contact or activity in a work environment
Consequences of a Sexual Assault Charge
The Crown can decide to process the charge as a summary offence (less serious) or an indictable offence (more serious) for most types of sexual assault.
However, when 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 always processed as an indictable offence.
In deciding sentence, 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 as follows:
- Summary Conviction: Minimum = 6 months; Maximum = 18months or 2 years if the complainant is under 16
- Conviction by Indictment: Minimum = 1 year; Maximum = 10 years or 14 years if the complainant is under 16
A fine of not more than $5,000 may also be imposed alone or alongside the minimum.
If the charge involves aggravated sexual assault, the accused may face a life sentence.
In addition to the jail term and fines, registration with the National Sex Offender Registry, may also apply.
Sexual Assault Charge Defences
Here are some possible defences to sexual assault charges:
- 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 of where the accused as at the time of the offence.
- Consent: For 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. Consent also 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.
- 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.
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, no matter how long ago the offence may have happened.
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. Then, 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.
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 24 hours after 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.
