Did You Just Get Charged For Sexual Assault?
It’s a very reasonable response to panic in the face of a sexual assault charge. For one thing, there might be some extreme consequences to every facet of your life.
What is a sexual assault charge exactly? Sexual assault is any unwanted sexual act done by one person to another. The Criminal Code of Canada applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, and aggravated sexual assault.
Examples include sexual touching of any kind that is unwanted or coerced, including kissing or groping, corrupting morals, child pornography, rape, and much more.
Is a Criminal Offence - Act Fast and Get The Defence You Deserve
Sexual assault accusations are treated seriously by the court system and there’s no reason to let your entire life go to shambles as a result of these circumstances.
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Explaining Sexual Assault Charges
What needs to be proven
In sexual assault cases the crown attorney has to prove that a sexual assault occurred including:
- Intentional touching of any kind
- Sexual nature of the contact
- Absence of consent
The prosecution must prove that a sexual assault occurred beyond a reasonable doubt by presenting facts including the victim’s verbal or physical evidence to the judge.
Consent
In many circumstances, sexual assault allegations revolve around consent issues, implied and otherwise.
As an experienced lawyer, I know how to conduct a proper and thorough cross examination, helping the judge to fully understand what may or may not have happened during the event.
In preparing your legal defense, I will consider issues such as:
- The evidence against the accused
- Any evidence from the police investigation
- Any legal issues or motions that may arise during the defense
The age of consent in Canada is 16 years.
16 years is the age that criminal law recognizes the legal capacity of a young person to consent to sexual activity.
Legal Definition
Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. Section 265 of the Criminal Code of Canada outlines the offences of assault and sexual assault as follows:
A person commits an “assault” when:
- (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- (b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
- (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. obtained where the complainant submits or does not resist by reason of the application of force to the complainant or to a person other than the complainant;
- (b) threats or fear of the application of force to the complainant or to a person other than the complainant;
- (c) fraud; or
- (d) the exercise of authority.
- (3) Where the accused alleges that he believed that the complainant consented to the conduct that is the subject matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.
Get an Honest Opinion About Your Case
One mistake isn’t worth a lifetime of headaches. But your first Sexual Assault Charge can really impact your criminal history, take a toll on your finances, and really hinder your employment.
Consequences of a Sexual Assault Charge
A theft charge in Ontario is nothing to scoff at.
Whether a charge is a first, second, third, or subsequent offence, you’ll be faced with a variety of potential penalties and charges.
25 Years of Experience Defending Sexual Assault Charges
This is a daunting list of possible sexual assault consequences that you may be facing. But you’re innocent until proven guilty. Make sure to hire a competent, skilled attorney that will do everything possible to get your case and your future in line.
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The Advantages of Speaking with
Jonathan Lapid
Jonathan Lapid - Sexual Assault Charge Industry Leader
Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.
He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.
If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.
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