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The person who is accused of sexual assault will have to hire a lawyer for them to protect their future and get out of custody to clear their image in society. Toronto’s Law Firm will guide you and offer you the best defence so that you can defend your case successfully.
Here, we will discuss the primary type of sexual assault according to Section 271 of the Criminal Code. This type of sexual violence is primarily charged in Toronto.
If the government has to prove someone guilty, the following things must need to be shown for sure;
If the judge has a reason to question any of these, they must not find you guilty. However, the law of sexual assault is very complicated, and each of these parts has been argued about a lot in court.
Below, we examine the elements in more detail.
To commit sexual assault on someone, the force applied mustn’t have to be violent. It could be a light touch, rubbing, or even indirect contact, like using an object. But the important thing is that the force must be on purpose. It can not be something a person does not mean to do, or that is accidental.
The second element of sexual assault is related to consent.
Here, the question is only about the person’s feeling who filed the complaint; if the judge or jury believes that the complaint was not consent or the person does not agree in his or her mind to the force used against them, then the matter is resolved.
If the consent is given willingly, then it proves that it is valid. It can not be because someone was threatened, tricked, or taken advantage of by the person accused of wrongdoing. If the person said yes to something, it does not count as consent if pressured into it.
Again, to decide on this part of the crime, the judge or jury will consider all the evidence regarding how the complainant felt about what happened.
If they think the complaint did not agree with the force or activity involved, they will surely move toward the next part of the analysis.
In such cases, if you know that the other person disagrees, it can mean many different things. It could be as simple as knowing they said no.
Sometimes, knowledge about consent does not mean the person is innocent. They might have been careless or ignored signs that the other person was not okay with what was happening.
This could only occur when the other person knows that there is a chance that the person is not agreeing, but they still go ahead without asking more questions.
It is considered the entire defence if the accused honestly but mistakenly believed the complaint was consenting.
However, in Canada, consent must be communicated through words or actions. Simply being silent, passive, or showing unclear signs won’t count as consent for someone charged with sexual assault.
Sometimes, the type of touching will be an issue; sexual touching means touching that violates the sexual integrity of the complaint.
The question is whether the sexual nature of the touching would be apparent to a casual observer in all the circumstances.
The part of the body that was touched, the situation in which it occurred, the relation between the disputed parties, the words or actions, and all other relevant circumstances will be considered by the judge or jury.
There are different levels of assault punishment under Canadian Law. These assault levels are the kind of assault that occurred and help to determine the level of consequence that must be assigned in each case.
LEVEL 1 | LEVEL 2 | LEVEL 3 |
This type of assault happens in sexual situations, when the victim’s sexual boundaries are crossed or violated. It could also result in minor injuries to the victim. | This is an assault which includes a weapon or causes bodily harm. | If the sexual assault causes serious harms, like wounds, or severe injury to the victim, it is considered as the level 3 assault charge. This means that the person’s life might have been at risk. |
The seriousness of the sexual assault does not matter at all; the minimum punishment for the accused who assault a child under 16 years old will have to face 14 years in jail.
This is usually seen as the highest punishment for lower-level sexual assaults (levels 1 and 2), but if the 3rd level of sexual assault occurs, the harshest punishment is almost always pursued.
Every sexual assault charge is not the same, but we assure you that the lawyers at Toronto’s Law firm are experienced to handle your case and get you the desired results you want. Your lawyer may make different strategies to defend your case.
Following are some of the things that you may face when charged with sexual assault.
Following are the available defences to a charge of sexual assault;
In sexual assault cases, the amount ranges from $125,000.00 to $275,000.00; in Canada, many courts have found awards in this range are warranted.
If you are accused of assault, you only need to prove the unlawful act, as well as the intention to perform the act.
Under the law, we can defend ourselves with reasonable force if we are physically attacked or have good reason to believe that someone will use force against us or another person, such as a family member.
