Sexual Assault is any Assault of a sexual nature. Sexual Assault charges are some of the most serious charges one can face. In addition to a criminal record and possibly significant jail time, a Sexual Assault conviction carries a certain stigma and will result in the individual’s name being included on various sex offender registries.

Being charged with Sexual Assault is a nightmare for the accused. The process is often lengthy and uncertain and can put a heavy strain on the accused and his or her family.

Sexual Assault cases are often quite complicated because they involve special rules of evidence that prohibit certain claims or defences to be raised. Procedures and limitations such as these lend to confusion and frustration for an unrepresented accused. Sometimes, Sexual Assault cases also involve complex scientific evidence, including DNA testing.

There is no room for error in handling a Sexual Assault case. The consequences of a conviction are profound and lasting, if not permanent. When faced with a Sexual Assault charge, it is imperative that the accused retain counsel that possesses a full understanding of the options and tools available to fight these charges. Counsel for the accused can often retain private investigators, hire defence scientific experts and analyze the evidence of the prosecutor to discover the weaknesses in the Crown’s case. Experience and a depth of knowledge of this area of the law is required in order to make many difficult tactical decisions about how to best defend against a claim of Sexual Assault.

Unlike in the United States, there is no statute of limitations for crimes in Canada. Often, complaints and charges are laid in what are deemed “historical offences” that may have occurred decades ago.

A person facing Sexual Assault charges may find that they are barred from asserting defences that they believe should be available to them. The past sexual history of a complainant can only be brought up in court after a complex hearing before a judge. Any form of record relating to the complainant (such as counselling, medical records, or even police records) can often only be accessed by the defence after receiving special permission from a judge. Often, the accused believes that the complainant had consented to the encounter; however, the definition of “consent”, and the parameters of the so called “mistake of fact” defence, are often quite confusing and may seem counterintuitive.

If you or someone you know is being accused of Sexual Assault, don’t waste any more time. Contact us today.

Consequences of a Sexual Assault Conviction

Under the Criminal Code, a conviction for Sexual Assault caries a maximum possible penalty of 10 years imprisonment and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year, should the Crown choose to proceed by indictment, and 18 months imprisonment and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days, should the Crown proceed by way of summary conviction.