Sexual assault is a serious criminal offence involving any non-consensual touching of a sexual nature.
Sexual assault: Criminal Code Definition
Sexual assault is defined under Section 271 of the Criminal Code.
271 Everyone who commits a sexual assault is guilty of
(a) 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
(b) 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.
Elements of Sexual Assault
To prove sexual assault, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was intentional touching.
- That the touching was of a sexual nature.
- That the complainant did not consent to the touching.
- That the accused knew or was reckless or wilfully blind to the lack of consent.
Potential Penalties for Sexual Assault
Penalties for sexual assault can vary:
- Summary Conviction: Up to 18 months in prison and/or a fine.
- Indictable Offence: Up to 10 years in prison.
- Aggravated Sexual Assault: Up to life imprisonment.
Click here to learn more about the potential penalties for sexual assault.
Defences Available for Sexual Assault
Possible defences against sexual assault charges include:
- Consent: Proving that the complainant agreed to the sexual activity.
- Mistaken Belief in Consent: Demonstrating an honest and reasonable belief that the complainant consented.
- Alibi: Providing evidence that you were not present at the scene of the alleged offence.
- Insufficient Evidence: Challenging the sufficiency of the prosecution’s evidence.
- Charter Violations: Arguing that your rights under the Canadian Charter of Rights and Freedoms were violated.
Click here to learn more about the potential defences available for sexual assault charges.
Speak to a Sexual Assault Lawyer Today
Facing sexual assault charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a sexual assault lawyer today.
