Sexual Assault is a very serious crime in Canada and carries a maximum jail sentence of ten (10) years under section 271 of the Criminal Code. A sexual assault is an assault with the additional element of the contact in question being of a sexual nature.
Sexual assault upon a minor under the age of 16 carries even harsher sentences, including mandatory minimum sentences.
In order, to determine whether the assault rises to the level of a sexual assault, the courts have used the following factors to make that determination:
- The part of the body touched;
- The nature of the contact;
- The situation in which the contact occurred;
- The words and gestures that accompanied the contact; and
- All the surrounding circumstances
In addition, to navigating the complexities of the criminal justice system, sexual assault cases trigger special rules of evidence and as such it is imperative to hire an experienced criminal lawyer with expertise to handle such cases. Complex motions are often required to obtain the necessary disclosure and records required to properly defend against a charge of sexual assault.
Our Richmond Hill Criminal Lawyers have successfully represented many clients charged with sexual assault. Contact us immediately to schedule a private and confidential consultation with one of our lawyers. You may reach us at 647-352-BAIL (2245).
For more information about sexual assault please visit our FAQ page