What is the Punishment for Sexual Offences?
If the prosecution chooses to proceed by indictment, the accused will be tried before a judge alone or a judge and a jury. In such cases, any person who commits sexual assault is liable to imprisonment for up to ten years. If the victim is under the age of 16 years, the accused can serve as much as fourteen years of imprisonment. Although mandatory minimum sentences were applicable, the court held them to be unconstitutional.
However, the prosecution may decide to try the offender by summary conviction. In that case, the offender can serve up to eighteen months of imprisonment. If the victim is a minor, i.e., under 16 years, the offender can serve a minimum sentence of six months' imprisonment, and the maximum term will be two years. The constitutionality of the minimum sentence has been challenged and received mixed treatment from the court.
What is the Main Defence Against Sexual Assault?
It is important to consult an experienced sexual assault lawyer to discuss your case, as each charge requires a defence tailored to an individual's particular circumstances. In sexual assault cases, there are many defences available, including consent, an honest but mistaken belief in consent, or a mistaken belief of age. The accused may also claim that the sexual offence never transpired.
A sexual offence trial is often a credibility battle between the accused and the complainant. As such, it is important for an experienced criminal lawyer to interview the defendant to determine defence strategies, including a potential motive on behalf of the complainant to make a false complaint. Defending a sexual assault charge involves a great deal of preparation, which includes a review of all the evidence provided, multiple meetings with the accused, and a thorough understanding of the criminal law surrounding sexual assault offences.
A simple sexual offence charge may involve many applications, including a third-party records application to gain access to the complainant's records, such as counselling or children's services records. A person facing such charges should consult and interview several sexual assault lawyers to find one that best fits their case-specific needs.
What Are My Rights After an Arrest?
If you have been arrested for committing a sexual assault, you retain all your legal and Charter rights, including the right to consult a lawyer, the right to a bail hearing, and, most importantly, the right to silence.
The police must let you speak to your lawyer before taking your statement. It cannot be emphasized enough how important it is to exercise your right to silence. Often, people make a grave mistake by providing a statement, mistakenly believing that doing so might help them avoid criminal charges. A person has no obligation to provide a statement in a sexual assault allegation.
The next step after an arrest is to obtain bail. Unless the police deem the accused releasable, they will hold the individual for a bail hearing. The conditions of release often include restrictions on direct or indirect contact with the complainant, along with other limitations on one's liberties.
Our Experience in Sexual Assault Cases
Sexual assault is defined under the Criminal Code of Canada as any non-consensual sexual activity. It can involve various degrees of sexual violence and may encompass cases of rape, sexual harassment, and other related offences. Penalties for sexual assault convictions can be severe, including imprisonment and a lifelong criminal record. As your sexual assault lawyers in Toronto, we will examine the evidence, question witnesses, and challenge any inconsistencies in the prosecution's case to build a robust defence on your behalf. We will also explore potential defences such as consent, mistaken identity, or an alibi, depending on the specifics of your case.
At Kahlon Law, we have a proven track record of defending individuals accused of sexual assault and related offences. Our in-depth knowledge of sexual assault laws, combined with our commitment to protecting our clients' rights, is why clients retain us for these files. From the moment you retain our services, we work to protect your rights. We will provide guidance during investigations, help you navigate court proceedings, and vigorously defend your case. Our sexual assault lawyers will negotiate with the Crown prosecutor and, if necessary, represent you in court to secure the best possible outcome.
Facing a sexual assault allegation in Peel Region? See our dedicated sexual assault lawyer Brampton page for how these files move through the A. Grenville and William Davis Courthouse.
Why Choose Us?
Compassionate support: We understand the emotional toll that a sexual assault allegation can take on you and your loved ones. We offer compassionate and non-judgmental support throughout your legal journey.
Expertise: Our sexual assault lawyers are experts in this field, with a deep understanding of the Criminal Code of Canada, legal precedents, and the intricacies of sexual assault cases.
Customized defence strategies: Every case is unique. We develop tailored defence strategies to address the specific circumstances of your case, aiming for the best possible outcome.
Proven results: Our past successes in defending clients accused of sexual assault speak to our competence and dedication to our clients.
Client-centred approach: We prioritize your needs and concerns, keeping you informed and involved in the decision-making process every step of the way.
If you or a loved one are facing allegations of sexual assault or any sex-related crime in Toronto, Ontario, do not hesitate to reach out to us. The sooner you contact our team of sexual assault lawyers at Kahlon Law, the sooner we can begin building a strong defence for your case. Call 416-502-8555.