This is a very broad area of law that is currently undergoing major change. The stigma of being charged with such an offence can severely damage a person’s reputation. We, at Passi & Patel, understand that charges of this nature cause anxiety and are extremely stressful. Our Milton criminal lawyers are experienced with these type of offences, and will provide effective and thorough representation.
Contact us today to get the process started with a no-obligation consultation.
Assault is set out in S. 265 of the Criminal Code of Canada. Assault is defined as the non-consensual and intentional application of direct or indirect force on another person; even a touch can be considered assault. Assault becomes a Sexual Assault when the touching is non-consensual and of a sexual nature. Words, gestures and the accompanying acts of the offence are considered when determining whether an assault is a sexual assault. Knowing, being reckless or wilfully blind to the lack of consent will constitute ‘intent’ for the purpose of this offence. Sexual Assault is a serious offence as it is considered to be an invasion of the sexual integrity of the complainant.
Consent & Sexual Assault
Consent is defined in S. 273.1 of the Criminal Code of Canada. Consent means, the ‘voluntary agreement of the complainant to engage in the sexual activity in question’. There is no Consent where: agreement is expressed by the words/conduct of a person who is not the complainant; the complainant is incapable of consenting; the complainant is induced by the accused to engage in the activity; and, where the complainant expressed by words, or conduct, a lack of agreement to engage in the acts in question.
Sexual Assault is a hybrid offence, meaning the Crown Attorney can elect to proceed either summarily or by indictment. For a summary conviction, the maximum sentence is 18 months’ imprisonment; however, if the complainant is under 16 years of age, the accused will be sentenced to a minimum of 6 months’ imprisonment and a maximum of 2 years’ less a day. If the Crown Attorney proceeds by indictment, the sentence for Sexual Assault is a maximum of 10 years’ imprisonment; however, if the complainant is under 16 years of age, the accused will be sentenced to imprisonment for a minimum of 1-year and a maximum of 14 years.
Sexual Assault with a Weapon
If a weapon is used or threatened to be used during the course of a sexual assault, the accused will be charged with Sexual Assault with a Weapon (S. 272 of the Criminal Code of Canada). A ‘weapon’ is considered to be anything designed or used to intimidate someone or cause bodily harm or death. The use of a weapon during the commission of this offence is an aggravating factor and thus is subject to more severe sentencing.
Aggravated Sexual Assault
Aggravated Sexual Assault is where, during the course of a sexual assault, the accused, ‘wounds, maims, disfigures, or endangers the life of the complainant’ (S. 273 of the Criminal Code of Canada). Aggravated Sexual Assault is an indictable offence because of the aggravating features as set out above and carries with it a sentence of life imprisonment.
Child Pornography – S. 161.1 of the Criminal Code of Canada
Child Pornography refers to any photos, videos or other visual or written representation that show or depict a person under the age of 18 engaged in some form of sexual activity. Child pornography is divided into 4 distinct offences namely: (1) Making Child Pornography; (2) Distribution of Child Pornography; (3) Possession of Child Pornography; and, (4) Accessing Child Pornography.
Indecent Acts – S. 173 of the Criminal Code of Canada
Where in a public place and in front of 1 or more persons, a person who wilfully exposes themselves with intent to insult or offend any person, commits an indecent act. Exposing oneself in this manner to anyone under 16 years of age is considered to be an aggravating factor. Acts such as, flashing pedestrians on the sidewalk, or, public masturbation, fall under the definition of an indecent act.
Incest – S. 155 of the Criminal Code of Canada
It is prohibited to engage in sexual activity/ intercourse with a person whom one knows is related to himself or herself by blood. A blood relationship includes: a parent, child, brother, sister, or grandparent.
Invitation to Sexual Touching – S. 152 of the Criminal Code of Canada
Any act of inviting, counselling or inciting a person under the age of 16 to touch directly or indirectly any persons’ body for a sexual purpose commits the offence of Invitation to Sexual Touching.
Luring a Child – S. 172.1 of the Criminal Code of Canada
Luring a Child is defined as: utilizing any means of communication, for the purpose of facilitating a sexual offence enumerated in the Criminal Code of Canada, with a person who is or believed to be under the age of 18. ‘Facilitating’ in the context of this offence, means any action that would assist in the commission of a prohibited sexual offence.
Sexual Interference – S. 151 of the Criminal Code of Canada
Sexual Interference is defined as: a person who for a ‘sexual purpose, touches either with a part of the body or an object, directly or indirectly, a person under the age of 16’. Actual physical touching is not required to establish the offence.
Sexual Exploitation – S. 153 of the Criminal Code of Canada
This offence is predicated on the accused being in a position of trust and/or authority with the complainant. Where a person in a position of trust towards a young person, exploits that young person for a sexual purpose by touching them directly or indirectly, or inviting, counselling or inciting the young person to touch directly or indirectly any person, including the person inciting the offence. Relationships of trust include parents, step-parents, legal guardian, adoptive parents, an aunt/uncle, teacher, babysitter, social worker etc.
Voyeurism – S. 162 of the Criminal Code of Canada
Voyeurism is committed where an accused surreptitiously observes and/or records a person, and/or where the recording is made for a sexual purpose, where such a person would have a reasonable expectation of privacy. An example of where covert observation or recording is prohibited is where one would reasonably be expected to be nude (washroom or public changing room), or where a person is engaged in sexual activity. Reproduction and distribution of any material obtained through surreptitious recording are prohibited under this section of the Criminal Code of Canada.
If you, a friend or a loved one, are charged with any of the sexual offences outlined above, our Milton criminal lawyers are here to assist you. We understand that the process of selecting a lawyer can be difficult. This area of law is highly specialized and requires a thorough understanding of the relevant law. Professional legal advice from sexual assault lawyers can make a significant difference in how a matter proceeds through the court.
The consequences of being found guilty of a sexual offence are long-lasting, if not permanent. We, at Passi & Patel, have the experience, and knowledge to provide effective and thorough representation for those charged with offences of this nature. We will take all the necessary steps to obtain the best possible result. We, at Passi & Patel, have successfully defended many sexual offence cases.
Contact Passi & Patel Criminal Lawyers today to get the process started with a no-obligation consultation.
Contact Us
Phone: (905) 488-4130
Email: info@passipatel.com
Please complete the form below or call us to schedule a free initial consultation and case review.
