Navigating the Legal Process with a Sexual Assault Defense Lawyer
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For individuals facing allegations of sexual assault, Kahlon Law offers top-notch criminal defense services. With years of experience in criminal law, we take pride in providing excellent legal representation to our clients.
We understand the seriousness of sexual assault charges. This offense carries severe legal consequences and an enduring stigma that is not easily removed.
Defending sexual assault cases can be challenging because judges and juries often tend to favor the victim before considering the evidence. Therefore, it is crucial to hire a qualified sexual assault lawyer as soon as possible after the complaint is made.
At Kahlon Law, we focus on details to create a tailored strategy and provide you with the best possible legal representation.
Crimes of sexual violence have serious consequences, and in the era of powerful movements like #metoo, these cases receive significant attention. However, there are instances where individuals are wrongly accused of crimes that can ruin their future and reputation.
As a recognized criminal defense law firm in Mississauga, we have handled numerous sexual assault cases and helped our clients navigate the complexities of sexual assault law.
As soon as you hire us, we immediately begin working on a defense strategy. Our goal is to dismiss the charges against you or secure the most favorable outcome possible.
What is Sexual Assault?
Sexual assault in Canada is criminalized under Section 271 of the Criminal Code. The offense is defined as an assault committed in a sexual context, violating the victim’s sexual integrity.
There are various sexual assault offenses, including sexual interference, sexual assault causing bodily harm, sexual exploitation, and other classifications of sexual offenses.
Are There Different Types of Sexual Assault Cases?
The type of sexual assault one is charged with depends on the circumstances surrounding the offense.
Factors such as the age of the complainant and the accused, as well as the authority of the accused over the complainant, determine the specific allegations of sexual assault.
Any form of sexual assault is a serious crime that carries severe consequences for the accused.
A charge of sexual interference applies when the victim is below the age of sixteen. In general, a person cannot legally consent to sexual activity unless they are 16 years of age or older. If you are accused of having a sexual relationship with a person under the age of 16, even with their consent, you can be charged with sexual interference. There are some exceptions to this general rule, which include:
Sexual exploitation is another charge that can arise when the complainant is between the ages of 16 and 18, and the accused person holds a position of trust or authority.
Whether an accused was in a position of trust toward the young person when sexual relations occurred is determined based on the specific circumstances of the relationship. In determining a position of trust, the courts consider factors such as:
Sexual assault with a weapon or accompanied by threats to a third party or causing bodily harm is a much more serious offense under Section 272 of the Criminal Code. It carries harsh penalties, including potential life imprisonment.
Similarly, aggravated sexual assault is an offense under Section 273 of the Code. It occurs when the attacker, while committing sexual assault, also wounds, maims, disfigures, or endangers the life of the complainant. Those convicted of aggravated sexual assault can be sentenced to life imprisonment, along with mandatory minimum periods of imprisonment that may extend to seven years in certain cases.
Criminal charges related to sexual assault are extremely severe and can have a lifelong impact on the person found guilty. In addition to a criminal record and potential imprisonment, a person guilty of sexual assault will be placed on the Sex Offenders Registry. It is best to consult with a sexual assault lawyer who can help you navigate through the criminal justice system.
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 has held them to be unconstitutional.
However, the prosecution may decide to try the offender by a 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 of 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 Defense Against Sexual Assault?
It is important to consult an experienced sexual assault lawyer to discuss your case, as each charge requires a defense tailored to an individual’s particular circumstances.
In sexual assault cases, there are a number of defenses available, including consent, an honest but mistaken belief in consent, or mistaken belief of age.
The accused may also claim that the sexual offense never transpired. A sexual offense 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 defense 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 offenses.
A simple sexual offense charge may involve a number of applications, including a third-party records application to gain access to the complainant’s personal records, such as counseling 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.
