Sexual assault involves any non-consensual touching of a sexual nature. It is critical to understand the legal and personal implications of such charges for all parties involved.
Definition of Sexual Assault Under the Criminal Code
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.
Key Elements of Sexual Assault
- The accused's identity as the perpetrator.
- The date and location where the alleged incident occurred.
- That intentional touching took place.
- That the touching was sexual in nature.
- That the complainant did not provide consent.
- That the accused either knew there was no consent, acted recklessly, or ignored clear indications of non-consent.
Potential Penalties for Sexual Assault
- Summary Conviction: Up to 18 months imprisonment and/or a fine.
- Indictable Offence: Up to 10 years imprisonment.
- Aggravated Sexual Assault: Up to life imprisonment.
Defences for Sexual Assault Charges
- Consent: The complainant voluntarily agreed to the act.
- Mistaken Belief in Consent: The accused had an honest, albeit mistaken, belief that consent was given.
- Alibi: Evidence showing the accused was not present at the scene of the alleged incident.
- Insufficient Evidence: The Crown's evidence fails to meet the standard of proof beyond a reasonable doubt.
- Charter Violations: Evidence obtained unlawfully or in violation of the accused's rights under the Canadian Charter of Rights and Freedoms may be excluded from the case.
Contact a Criminal Defence Lawyer Today
If you are facing charges of sexual assault, it is essential to have a knowledgeable criminal lawyer on your side to protect your rights and navigate the legal complexities. Call (306) 994-8323 for a free consultation today.