Trusted Sexual Assault Lawyer In Edmonton
Have you been charged with sexual assault?
A sexual assault lawyer can protect your rights and help you understand the implications of your charges. There are many types of sexual offences, which reflect the many ways in which people can come into sexual contact with each other. These offences can include invitation to sexual touching, sexual exploitation, prostitution, sexual interference, voyeurism, corrupting morals, and child pornography. Even if you have already decided not to contact a lawyer before making a statement to the police, there is still hope. We advise you to contact our office immediately and seek legal counsel.
Sexual assault laws in Canada are defined in the Criminal Code of Canada and protect individuals who have been subjected to unwanted sexual contact or conduct.
Some key aspects of sexual assault laws in Canada include:
- Definition of sexual assault: Sexual assault is defined as any non-consensual sexual contact or conduct, including sexual touching, sexual intercourse, and other sexual acts.
- Consent: Consent must be voluntarily given, ongoing, and informed. It cannot be obtained through force, threats, or manipulation.
- Penalties: Penalties for sexual assault can include imprisonment for up to 18 years, depending on the severity of the offense and the presence of aggravating circumstances.
- Evidence: In sexual assault cases, the complainant's past sexual history and reputation are not admissible as evidence, except in limited circumstances approved by the court.
- Support services: Canada provides support services for survivors of sexual assault, including crisis hotlines, counseling, and medical and legal assistance.
These are some of the key aspects of sexual assault laws in Canada, but the laws can be complex and it's recommended to consult a lawyer for specific legal advice.
What is Sexual Assault?
There are many types of sexual offences, which reflect the many ways in which people can come into sexual contact with each other. Offences include invitation to sexual touching, sexual exploitation, prostitution, sexual interference, voyeurism, corrupting morals, and child pornography.
These charges are described under Sexual Offences. For a charge to be included under a sexual assault there must be a sexual component to the incident. This does not necessarily mean that the purpose of the act was sexual in nature but rather there is a sexual connection to the action. Sexual Assault is an assault that is committed in circumstances of a sexual nature such as to violate the sexual integrity of a person. The test to determine sexual nature is an objective test based on the particular circumstances of the incident.
Groping and grabbing can constitute a sexual assault as can kissing someone against their will. It is the absence of consent which makes an act illegal for simple assault matters. Similar to aggravated assault, aggravated sexual assault involves the wounding, maiming, disfiguring, or endangering of life of another person while committing a sexual assault. Sexual Interference is the touching, directly or indirectly, for a sexual purpose, with an object or any part of the accused persons’ body any part of the body of a person under the age of 16.
What is Aggravated Sexual Assault?
Similar to aggravated assault, aggravated sexual assault involves the wounding, maiming, disfiguring, or endangering of life of another person while committing a sexual assault.
What is Sexual Interference?
Sexual Interference is the touching, directly or indirectly, for a sexual purpose, with an object or any part of the accused persons’ body any part of the body of a person under the age of 16. This offence has a mandatory term of imprisonment attached to any finding of guilt. 90 days if proceeded summarily and 1 year if proceeded by indictment.
What is Invitation to Sexual Touching?
Invitation to Sexual Touching for a sexual purpose, inviting, counselling, or inciting a person under the age of 16 to directly or indirectly, with a part of the accused persons’ body or an object, the body of any person, including the body of the person who invites, counsels, or incites and the body of the person under 16.
This offence also carries the same mandatory minimum sentences as the offence of sexual interference.
What are the Potential Penalties?
Sexual offences are considered by the police and the courts to be extremely serious and they attract some of the most severe penalties in the Criminal Code. A major sexual assault has a starting point sentence of 3 years’ incarceration in Alberta, and less serious sexual assaults often result in jail sentences. Moreover, a person convicted of a sexual offence will be required to provide a sample of his DNA to the National DNA Databank. Convicted individuals will be registered as a sex offender and be unable to work, travel or live where he/she chooses except under strict limitations.
Sexual offences are extremely serious allegations which can result in life-altering consequences if convicted. Moreover, sexual assault trials are procedurally and substantively complicated. For example, if an accused person wishes to question a complainant on past sexual history, they must first bring a pre-trial application demonstrating the relevance of that information to the Court – and there are many more rules, like this one, unique to sexual offences. If you or a loved one are facing a sexual offence charge, we highly recommend getting the advice of experienced defence counsel.
If you have any questions, contact our offices now so we can help address you or your loved one’s legal jeopardy. We are available 24/7. We are forceful advocates and we ensure that our clients throughout Alberta are provided with the best defence possible.