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What is Sexual Assault In Canada?

Sexual assault and other types of assault are technically defined in Section 165 of Canada’s Criminal Code. In the definition stated therein, actual harm is not needed for an assault charge to be filed and lead to a criminal conviction although the action must be deemed grave enough to damage or hurt the dignity of the assaulted person.

Proving Sexual Assault

With the above said, it is clear that some elements required to establish that sexual assault took place are subjective and therefore, it would be difficult to prove in court whether accusations are real or with malicious intent.

Proving that sexual assault took place is made even more challenging by the nature of the offence. Sexual assault seldom happens in places where it can be observed by a witness. It often happens as a private encounter between the assaulted and the perpetrator wherein determining if consent was given or not would be near impossible to prove for someone who wasn’t involved in the encounter

Consent is a Huge Factor

If consent wasn’t given or if the claimant was determined to be under the age of consent in Canada (which is 16), a case will be filed. The case might be dropped for a situation involving an underage individual if certain criteria are met; however, this relies on a lot of information that has to be proven as well.

Punishment for a Sexual Assault Conviction in Canada

A charge of sexual assault should be taken seriously. Jail time for a conviction can range from 18 months to a lifetime depending on the circumstances involved and how strong your defence is. Remember that time is of the essence when trying to find a good criminal defence lawyer who can gather the right information for you to build a strong defence, to avoid a conviction, or to make sure that your interests are protected. Contact criminal defence lawyer Calvin Barry if you need a sexual assault lawyer in Canada!

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