Goodman Berman, Barristers

CHARGED WITH SEXUAL ASSAULT

SEXUAL ASSAULT

In the Canadian criminal justice system there are several forms of sexual assault and several definitions. The charge of sexual assault is defined in the criminal code of Canada as any form of assault as defined in the criminal code (section 265) where the circumstances surrounding that assault is that of a sexual nature. The range of assault can be from a simple touch to penetration. The concern that arises is that someone charged with sexual assault who merely ‘touched’ a compliant will suffer the same stigmatism as someone charged with full on penetration. The sentencing structure for this offence is as laid out below:

Section 271: Sexual assault: (1) Everyone who commits a sexual assault is guilty of

	(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

At Goodman Berman, Barristers, we take each form of sexual assault seriously.

What you need to know:

Was there consent?
Was there an honest mistaken belief that consent existed?
What type of evidence do they have? Is there D.N.A.?
Does the person have a motivation to make up the allegations against you?

SEXUAL INTERFERENCE AND INVITATION TO TOUCH

The Charge of sexual interference most commonly arises in the context of an adult touching a person under the age of 16. The Criminal Code defines It as follows:

Section 151: Sexual Interference: (1) Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or
	(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

INVITATION TO SEXUAL TOUCHING

Section 152: Invitation to sexual touching: (1) Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

	(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
	(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

The section indicates that if convicted and even if this is your first conviction you will most definitely go to jail. The starting point is 90 days imprisonment for a summary offence and one year imprisonment for that of an indictable offence. Regardless of the offenders background a conviction will result in jail.

What you need to know:

Did you take all steps to determine the age of the person and still believed they were of consenting age?
Did the police search you or your dwelling to find evidence and was that a lawful search?
Who is this person who makes this claim?
What is your version of events?
What is the evidence the Crown will be adducing? Text messages? Facebook? Did they obtain those lawfully?

Know your rights and know who to trust with your freedom. Goodman Berman, Barristers has successfully defended sexual assault cases throughout Ontario.