Sexual offences are increasingly complicated and consist of several criminal charges according to the Canadian Criminal Code. It’s also very challenging to defend these types of criminal offence charges. Defending criminal cases related to sexual felonies requires the help of expert assault lawyers who are specialists in dealing with all kinds of assault offences.
Sexual assault refers to an assault of a sexual nature that results in violating the sexual integrity of a victim. As per the Canadian Supreme Court, the sexual assault act doesn’t only depend only on contact with any particular human body part; instead, it’s an act of a sexual nature that results in violating the victim’s sexual integrity.
Investigation of a probable sexual assault involves considering these relevant elements:
- nature of the contact
- body part involved in the act
- circumstances under which the contact happened
- gestures and words accompanying the act
- All other relevant cases surrounding the offence
- Any other threats that may or may not be supplemented by force
The victim of the sexual attack can be of any gender, and the offender can be of the same sex as the victim. A spouse can also be charged with a sexual assault charge upon the other spouse.
Anyone who commits a criminal offence of sexual assault is guilty of:
- An indictable felony and can be imprisoned for a term not more than 10 years or
- A felony punishable based on a summary conviction and can be detained for a time not more than 18 months
Sexual Assault Using Weapons/Threats To A Third Party/Causing Physical Harm Under Section 272
According to section 272 of the Criminal Code of Canada, anyone who commits a criminal offence of sexual assault is the one who
- Carries, uses or threatens to use a weapon or firearm or imitation of a weapon
- Threatens to cause physical harm to an individual other than the complainant
- Causes bodily damage to the complainant, or
- Is a party to the felony with any other individual
Anyone who commits a sexual assault under subsection (1) is guilty of
- An indictable felony and is liable to imprisonment for a term, not more than 14 years
- And a minimum punishment of jail time for a term of 4 years
- Where firearm or weapon is used while committing the offence
- And, in any other case, gets jail time for a term, not more than 14 years
Aggravated Sexual Assault Under Section 273
According to section 273 of the Canadian Criminal Code, anyone who commits a criminal offence of aggravated sexual assault is the one who
- While engaging in a sexual assault
- Injures, maims, disfigures, or endangers the life of the victim
Anyone who commits a criminal offence of aggravated sexual assault is guilty of
- An indictable felony and is liable to get imprisonment for a lifetime period, and minimum punishment of jail time for a term of 4 years
- Where a firearm or weapon is used while committing the offence
- And, in any other case, gets jail time for life
Legal Age Concerns
Anyone who is under the age of 16 years cannot display consent to a sexual act with another individual who is 5 or more years older than them. Anyone who is under the age of 14 years cannot display consent to a sexual act with another individual who is 2 or more years older than them. Under any circumstance, the accused cannot use consent as a defence to having undergone a sexual act with the complainant with the victim who is under the age of 16 years.
Slaferek Callihoo is a prominent criminal defence law firm based in Edmonton, Alberta. Visit our website to gain more insight into our expert legal services or contact us for professional legal advice.