Sexual assault involves any non-consensual touching of a sexual nature. Understanding the legal and personal implications of such charges is crucial for anyone involved.

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

  • 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 willfully blind to the lack of consent.

Potential Penalties for Sexual Assault

  • 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.

Defences Available for Sexual Assault

  • Consent
  • Mistaken belief in consent
  • Alibi
  • Insufficient evidence
  • Charter violations

Speak to a Criminal Lawyer Today

If you are facing charges of sexual assault, securing representation from a knowledgeable criminal lawyer is crucial. They can defend your rights and navigate the complexities of the legal system. Call (306) 994-8323 for a free consultation today.

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