Sexual Assault

What is Sexual Assault

Definition: Section 271 of the Criminal Code of Canada defines sexual assault as any unwanted sexual activity. This includes a wide range of acts, from unwanted touching to intercourse, committed without the person’s consent.

Important Points:

Consent is key. Silence or lack of resistance doesn’t equal consent. The person must give clear, enthusiastic agreement to sexual activity.
Sexual assault can occur between strangers or people who know each other, including spouses and partners.
Penetration is not required. Any form of unwanted sexual contact can be considered sexual assault.
Threats or use of force are common, but assault can also occur through manipulation or taking advantage of someone who is incapable of consenting (intoxicated, unconscious).

Common Evidence:

Testimony from the victim describing the assault and lack of consent.
Witness statements if someone else observed the incident.
Medical records if there were injuries.
Forensic evidence collected through a medical examination.
Text messages or other electronic communications that may be relevant.

Penalties for Sexual Assault

Sexual assault is a serious crime with a wide range of penalties depending on the severity of the assault and the offender’s background. It is a hybrid offence, where the Crown decides how to proceed:

Summary Conviction: Less serious cases.

Maximum Penalty: Up to 18 months in prison and/or a $5,000 fine.

Indictment: More serious cases.

Maximum Penalty: Up to 10 years in prison for the most serious assaults.

How We Can Help

Securing Your Release: An arrest for sexual assault can result in a lengthy detention. We will fight tirelessly to secure your release on reasonable conditions while the case proceeds.

Fighting the Charges: If you have been charged with sexual assault, we will aggressively defend your rights. Every case hinges on the specific facts. We’ll build a strong defence:

You did not commit any sexual assault.
The alleged victim consented to the sexual activity.
Evidence is insufficient to prove your guilt.

Let's Talk About Your Case

Sexual assault charges are life-altering, for both the victim and the accused. If you are facing charges, a strong legal defence is crucial. Contact us as soon as possible for a free case review to discuss your situation and potential options.

Free Confidential & Detailed Case Review

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We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.

Client Reviews

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