Practice Areas: Sexual Assault
By definition, sexual assault is an application of force or an assault that is sexual in nature, or committed under sexual circumstances. This can vary widely from threats or gestures, to sexual assault against a minor.
To determine whether or not a sexual assault took place depends on the specific circumstances of the allegation, including the nature of the contact, the part of the body that was touched, whether the person was given consent, and all other circumstances surrounding the act.
Sexual assault is not a crime of one gender against another – both the attacker and the victim can be of any or no gender, and spouses can be charged with sexual assault against each other.
The penalties for a finding of guilt in a sexual assault case can be severe. Depending on the circumstances and how the Crown decides to prosecute there may be a sentence of up to 14 years imprisonment in some circumstances. A sexual assault committed against a minor carries a mandatory minimum prison sentence.
Additionally, a finding of guilt means that a person is placed upon the sexual offender registry for 10 years, which while not public information, means that police are able to track an individual’s residence, employment, and travel for that time period.
Sentencing in sexual assault matters can depend greatly on the circumstances, including the nature of the assault, whether the individual believed that they may have had consent to commit the act, any prior criminal convictions, etc.
In order to fully defend a charge of sexual assault, you need a lawyer to carefully review your circumstances so that they can paint you in the best possible light.
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