practice area
Sexual Assault Greater Toronto Area (GTA)
Have you been charged with sexual assault and are looking for a Greater Toronto Area sexual assault lawyer?
Defending a Sexual Assault Charge in The GTA?
Sexual assault charges are among the most serious criminal offences in Canada. Like many other sex crimes, a conviction of sexual assault carries devastating penalties, including sex offender registration.
If you have been charged with sexual assault in The GTA or anywhere in Ontario, it’s vital to contact an experienced criminal defence lawyer to protect your rights and fight for your freedom.
Consult with our GTA based sexual assault lawyer at Lawyers From The Six to guide you through your situation and prepare the best defence strategy for your particular case.
What is a sexual assault charge?
Sexual assault is a term that describes an assault that is sexual in nature. To be convicted of sexual assault in Canada, the following elements must be proven:
- 1. The touching was of sexual nature; and
- 2. The assault occurred without the consent of the victim, as provided in Section 273.1 of the Criminal Code.
When determining the defendant’s guilt, the criminal court will examine the circumstances surrounding the alleged sexual assault, including:
- Whether the sexual integrity of the alleged victim was violated;
- The relationship between the victim and the defendant;
- The part of the victim’s body that was touched;
- Whether the act occurred in circumstances of a sexual nature;
- The intent of the accused;
- The defendant’s state of mind; and
- The presence of sexual gratification.
Types of sexual assault
Canada’s Criminal Code criminalizes various types of assaults of sexual nature:
- Common sexual assault
- Sexual assault with a weapon or threats
- Sexual assault causing injury
- Aggravated sexual assault
- Sexual exploitation
- Invitation to sexual touching
- Sexual exploitation of a disabled person
- Incest
- Sexual interference
- Sexual acts while overcoming resistance by choking or strangling
- Bestiality
- Voyeurism
What are the penalties for sexual assault charges?
Under Section 271 of the Criminal Code, penalties for a sexual assault charge depend on whether the defendant is prosecuted by indictment or summary conviction:
- Indictment. The defendant faces up to 10 years in jail. However, if the victim was under the age of 16, the maximum jail sentence is increased to 16 years, while the minimum sentence is one year.
- Summary. The defendant can be incarcerated for up to 18 months. If the victim is under the age of 16, the accused is liable to imprisonment for a maximum term of two years’ less a day in addition to a $5,000 fine (the minimum sentence is six months).
In addition to imprisonment and probation, a defendant convicted of sexual assault will face the following penalties:
- Providing a DNA sample
- Registration on Canada’s National Sex Offender Registry
- Employment, travel, and residency restrictions
The penalties depend on the defendant’s previous criminal history, the type of sexual misconduct committed, and a number of other factors. The consequences of a sexual assault charge can follow you for life. Contact a Greater Toronto Area sexual assault lawyer at Lawyers from the Six to build a defence and protect your freedom and future.
Call 647-830-3083 to get a free initial consultation with a disclosure review.
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