Brampton Criminal Lawyer for Sexual Assault
In Canada, it’s serious to be charge with sexual assault. It causes irreversible damage to one’s reputation. Here is a summary of the law involving sexual assault in Canada and criminal charges. Criminal lawyers Brampton are experienced and it is very important that you obtain a good lawyer in this circumstance.
What is Sexual Assault?
An assault that has sexual content that violates the victim.
How do you figure out if a violation is sexual?
This is subjective and case specific. The court looks at numerous facts, the area of the body imposed upon, the atmosphere, words said and other circumstances involved. This includes the reasons the defendant may have had.
How do you define an assault with sexual content?
In general in Canada, the Criminal Code speaks of sexual assault and assault offenses in this regard:
An assault has happened when:
1) without prior approval a person applies force to another person with intent;
2) uses intimidation such as a concealed weapon
(B) This part includes every type of assault.
2) fear of or implied threats to another person;
3) false information or false use of authority;
(C) If the judge believes there was consent and evidence to support it, it can be used as a defense.
Did the accuser agree to it?
Usually in a case involving sexual assault, there is question as to whether or not the accuser agreed in some way.
No Consent
No consent when;
1) someone else consented;
2) accuser was unable to consent fairly, an example is being drunk;
3) the accuser was tricked;
4) the accuser said ‘no.’;
5) the accuser expressed wanting to stop;
6) the accuser is under age 16 ( exceptions can occur, your Brampton Criminal Lawyer has further information);
Thought Of Belief Mistaken
If it’s believed it was an honest mistake, the case may be dropped.
Mistaken belief of consent may hold true if the accusers actions suggested consent.
Honest mistaken consent will not stand up if;
1) accused was drunk;
2) uncontrolled;
3) the accused did not try to listen to the accuser;
Did Consent Occur?
Criminal Lawyers Brampton will protect your rights.
In order to figure this out the court will consider the words said, action involved and actions taken by the accused to get consent, to see if the sexual conduct was agreed upon. If the accuser didn’t say anything, this can’t be a defense.
The area of consent is unclear and case specific.
Brampton Criminal Lawyers can help.
You can’t question an accuser’s credibility with past sexual history.
Consequences for Sexual Assault
The sentence can range from no time in jail, up to 10 years.
Guilty people are put into a Provincial and National Database for offenders.
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