How Canadian Law Deals with Sexual Assault Charges

A serious crime across many countries, sexual assault charges can be an incredibly intimidating and stressful experience for both parties. If the accused is found guilty, the punishment for sexual assault crimes can have a significantly negative impact that could last their entire lifetime. In this post, we explore what the law means by a sexual assault. We will also look at how sexual assault charges are investigated and what penalties a person might receive if they are found guilty in a Canadian court.

Definition of Sexual Assault

Under Canadian law, sexual assault can be defined as an incident where a person’s sexual integrity is violated without their consent. Sexual assault can appear in many forms, from rape and sexual violence to less obvious events such as unwanted touching or kissing.

Consent is a very important factor when it comes to recognizing sexual assault. It means the person has not given permission to one or multiple individuals for a sexual act to be performed involving their participation. There are numerous situations where consent is particularly relevant in determining a sexual assault charge:

• A person does not express their consent at any point.
• A person changes their mind during a sexual act, therefore removing their consent.
• A person is impaired/intoxicated and is unable to make a sound decision on consent.
• A person is under the age of consent.

If a sexual act is performed under any of these situations, then it might be deemed a sexual assault. It might also involve a weapon or cause serious bodily harm; this is known as an aggravated sexual assault. Sexual assault affects a wide variety of victims, no matter their age, gender or sexuality. Similarly, it can take place anywhere, from public spaces such as bars and parks, to private areas such as the workplace or at home.

Being Charged with Sexual Assault

If a person is accused of an unwanted sexual act, they will be charged with sexual assault. This sets into motion court procedures where the accused must prepare to defend their case. Being in contact with a legal professional or criminal defence lawyer is essential during this process, as they are able to assist the accused in court and work with them to build a strong defence using their legal knowledge.

As previously mentioned, the issue of consent is an extremely important factor, which is examined through police questioning and in court. For those accused of sexual assault, it can be extremely challenging to defend having consent from another person, as it is unlikely other witnesses are able to testify on their behalf. Factors such as testimonials from both parties, signs of physical injury or impairment and any threatening behaviour around the incident are examined.

Penalties for Sexual Assault Crimes

If an individual is accused of a sexual assault, they will either be tried under a summary conviction or an indictable conviction. Summary convictions are less serious crimes and carry up to 18 months imprisonment. Indictable offences are the most serious of crimes under Canadian law and carry a lengthy prison sentence of up to 10 years. If the person is found guilty of aggravated sexual assault by significantly injuring or using a weapon in their assault, they could be sentenced to life imprisonment.

Depending on the judgment and severity of the crime, they might also be registered as a sexual offender. Although the register is private, it can have a severely limiting impact on the criminal’s life after prison, including access to employment.

Find a Sexual Assault Defence Lawyer in Toronto & The GTA

If you have been accused of sexual assault in Canada, it is strongly recommended you contact a criminal defence lawyer to assist you. Sexual assault charges can be an incredibly intimidating and stressful process, having an experienced lawyer by your side can make all the difference in securing a free future.

At What The Law, our sexual assault criminal defence lawyers have both experience and legal knowledge in defending our clients. We endeavour to give you the best defence possible and offer full transparency and honesty right from your first free consultation with us. We also provide you with flexible payment plans and 24/7 availability. Sexual assaults charges are serious offences, you should not have to face them alone. Contact us via our website or by calling us at 647-295-6499 and tell us what happened.