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.