Purser Law Blog

What is Sexual Assault?

In Canada, allegations of sexual assault are taken very seriously. It's common for criminal charges to be laid once a complaint is filed with the police, and the legal consequences can be severe, including mandatory minimum jail sentences for many sexual offences. 

If you're facing an accusation of sexual assault, it's important that you contact an Experienced Sexual Assault Lawyer right away. This ensures that we preserve all relevant evidence to get you the best possible outcome. This proactive approach is crucial for safeguarding your interests and navigating the legal process effectively. 

What Does the Crown Have to Prove to Convict Someone of Sexual Assault?  

To prove sexual assault, the Crown must show that there was touching, of an objectively sexual nature, to which the other person did not consent. Sexual assault can happen through a variety of different acts, including kissing, fondling, groping, oral and penetrative sex.

Section 273.1 of the Criminal Code defines “consent” as “the voluntary agreement of the [other person] to engage in the sexual activity in question.” A person cannot consent to sexual activity if they are severely intoxicated, unconscious, asleep or under the age of 16.

There are some narrow exceptions, however, to the rule that someone under the age of 16 cannot consent. For example, according to the “close in age” exception, 12 and 13-year-olds can consent to sexual activity with people who are no more than 2 years older than them. In a similar vein, the “peer group” exception allows 14 and 15-year-olds to consent to sexual activity with people who are no more than 5 years older than them. If you think that one of these exceptions applies, it is crucial that you speak to an Edmonton Sexual Assault Lawyer to appropriately canvass your options.

Different Kinds of Sexual Assault  

There are different kinds of sexual assault provided for in the Criminal Code. The first kind of sexual assault, listed in section 271, is the least serious form of this offence. Sexual assaults under section 271 generally do not involve the use of a weapon or the inflection of injury on the other person. In contrast, a sexual assault under s 272(1) occurs where the perpetrator uses a weapon, threatens the other person or causes bodily harm. Similarly, under section 273(1) a person may be found guilty of aggravated sexual assault where they “wound, maim, disfigure or endanger the life” of the other person.

For each different kind of sexual assault, there are different lengths of sentences that the court can impose. For example, for a sexual assault under section 271, the court may impose a sentence of up to 10 years, if the offence is indictable. If someone is convicted of an offence under section 272(2) the court may impose a maximum term of 14 years. For an offence under section 273(1), the most serious of sexual assaults, a person who has been charged may face life imprisonment. If a child is involved in each of these offences, the sentences become even more severe.

Other Offences Involving Sexual Circumstances 

Aside from sexual assault, there are many other kinds of sexual offences that a person can be charged with. Some of these offences include:

• Sexual Interference (s 151 of the Criminal Code): occurs when someone touches another person under the age of 16 for a sexual purpose.
• Sexual Exploitation (s 153 of the Criminal Code): occurs when someone: (1) who is in a position of trust or authority towards a young person; and (2) is a person with whom the young person is in a relationship of dependency or is in a relationship with the young person that is exploitative of the young person either: (3) touches the young person’s body for a sexual purpose; or (4) invites, counsels or incites a young person to touch the body of any other person, including their own.
• Child Pornography (s 163.1(1) of the Criminal Code): occurs when someone accesses, distributes or possesses “child pornography”, which refers to sexually explicit or suggestive images or videos involving individuals under the age of 18. 

Call a Lawyer Who is Experienced in Defending People Charged with Sexual Assault  

The stigma associated with being accused of sexual assault can have lasting effects. For this reason, it is important to seek representation from an Experienced Edmonton Sexual Assault Lawyer who specializes in sexual assault and related offences. Engaging one of the lawyers at Purser Law, who each possess a deep understanding of the legal complexities and evidentiary challenges in these kinds of prosecutions, can have a significant impact on the outcome of your case. Call Purser Law now at 780–851-7435 for a free consultation.

 

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