Like any other civilized society, Canada has strict laws and penalties in place to discourage the prevalence of sexual assault and related offences. In this respect, the Criminal Code of Canada makes an effort to go beyond the standard definition of rape by classifying a wide range of behaviors, including words, as sexual assault.
Even if you do not touch anyone and just utter a few lewd sentences or invite someone to touch you despite their refusal, you might earn yourself a severe fine or a few months in jail. From forced kissing to digital penetration, improper touching, profane gestures, voyeurism, and even undesirable verbal communication on intimate topics, a broad list of activities is forbidden by the Criminal Code.
Read Also: Voyeurism Law In Canada
Evidently, a mere allegation from a victim without any proof is sufficient to brand you a cruel offender in the headlines even before the court proceedings officially commence. Ultimately, if you are convicted for such an offence, you will lose your respect in the eyes of your family and friends and will also face severe restrictions.
Besides the excruciatingly prying and suspicious glares, you will also face close monitoring from law enforcement agencies after your name lands in the National Sex Offender Registry (NSOR). Clearly, you only stand a chance of surviving these charges if you have a reputed criminal defence lawyer by your side.
Upon hearing about NSOR, you surely would want to know what it is and whether people charged with minor sexual offences may also land on it. To answer the preceding and many other questions, this blog post provides a systematic overview of NSOR.
What Is NSOR?
TRIGGER WARNING: The content that follows may be triggering for those who have undergone sexual assault.
On one unfortunate evening in 1988, eleven year old Cristopher waited outside a mall for his mom to finish her shopping. Sadly, a pedophile on statutory release, Joseph, approached him and took him to a nearby vacant lot (with a knife to Cristopher’s throat), and raped him. The kid’s parents were devastated to find their beloved son’s battered body covered in blood in a nearby field.
Following Cristopher’s death, a national record of convicted sex offenders became a hot topic. On December 15, 2004, the Sex Offender Information Registration Act (SOIRA) finally came into existence. The Act made it mandatory for every person convicted of sexual assault to register with the NSOR regardless of the seriousness of the offence. The offender must register with their respective provincial site within seven days of a conviction or release from jail.
Similarly, you will report to the relevant authorities on a yearly basis and update your information as and when needed. Failure to register with the NSOR or to report to the authorities as required may result in even harsher punishments and additional charges.
What Type Of Information Is Saved On The NSOR?
Since the idea is to keep an eye on the offender to avoid future assaults, they will provide the following information upon registration:
- Legal name
- Date of birth
- Phone numbers
- Gender
- Physical features (weight, height, etc.)
- Other identifying attributes such as scars or tattoos
- Current and former addresses
- Passport
- Driver’s license
- Vehicle registration details
- Employment details (including addresses)
- Education Institution details (if you are a student)
- Type of crime convicted for
- mugshots
In short, the registry collects all your personal information.
What Is The Data Retention Period?
Primarily, the data retention and reporting period depend upon the severity of the crime you are convicted for. Without question, offenders convicted of aggravated sexual assault will have a longer reporting period than a person guilty of voyeurism.
Thus, you will report for anything between ten to twenty years or even a lifetime.
Who Has Access To This Offender List?
Your designated Sex Offender Registration Centre makes the information available to the police and other law enforcement agencies as and when required. However, the general public does not have access to such information.
What Kind Of Restrictions Result From Being Placed In The NSOR?First and foremost, your interaction with children will be limited and only allowed under close supervision. Hence, you will not be able to work in a school nor visit a place usually occupied by children, such as parks. Likewise, you will not be able to live in certain areas, and your traveling will also be monitored. You might also be banned from traveling to places like the US.
Can I Request For A Record Termination?
Registering as a sex offender will have unbearably adverse impacts on your life. Therefore, you must request criminal defence services from highly reputed and experienced criminal lawyers in Edmonton.
If you have already registered on the NSOR, our lawyers can help reduce your reporting time as follows:
- For people given a ten-year order or those granted a pardon, we can help you apply for a termination order immediately.
- But if you have a twenty-year reporting sentence, then you must wait ten years before applying for a termination.
About Slaferek Law
Be it voyeurism or sexual interference, our team of professional criminal defence lawyers can diligently defend you against every type of sexual assault charge. Learn more about Slaferek Law and our practice areas.
Need defence against sexual assault charges? Contact us now.
