The most recent data published by Statistics Canada shows a decline in the number of total decisions in criminal charges involving sexual assault. 2011 to 2012 had 4,058 decisions. 2015 to 2016 had 2,839 decisions. The same period also shows a drop in the number of those acquitted at trial.
Though Canada has a progressive attitude toward sexuality and exemplary sex education in schools, sexual assault is still a significant problem.
Unlike laws governing sexual assault in the United States, the Criminal Code divides sexual assault into three levels:
- Level 1 is any type of sexual activity that is forcefully imposed on another person (i.e. rape or any type of sexual act without consent). This level also includes physical contact that is non-consensual (i.e. touching, grabbing, kissing, oral sex etc.). There is very little or no physical injury to the victim and punishment is up to 10 years in prison if the crown elects by indictment.
- Level 2 is a sexual assault in which the assailant threatens to use or uses a weapon, threatens the victim’s family or friends, inflicts bodily harm upon the victim or commits the assault with another person or multiple people. This level is punishable by up to 14 years in prison.
- Level 3 is aggravated sexual assault. This occurs when the assailant in committing a sexual assault wounds, maims, disfigure or puts the victim’s life in danger. A conviction on this level could potentially lead to imprisonment for life.
A skilled and experienced sexual assault defence lawyer can provide you with quality representation if you are facing charges of sexual assault.
Some Facts About Sexual Assault
A general social survey was conducted by the Canadian Research Data Centre Network. While men do get sexually assaulted, the numbers pale in comparison to the population of females who must endure the same trauma. For the most part, sexual assault is a gender-based crime where females are maltreated at a rate seven times greater than men.
Young people between the ages of 15 and 24 possess the highest rate of sexual assault, which is more than double the rate of the next age group — adults 25 to 34 years of age.
Most incidents involving sexual assault are not reported to the police. Two thirds of both men and women did not report sexual abuse they experienced as children.
70% of men who are sexually assaulted do not report the abuse. 59% of women do the same.
The Best Sexual Assault Defence Lawyers in Ontario
The crime of sexual assault is taken seriously in Canada. Police will do what they can to convince you to incriminate yourself. If you are facing charges of this nature, you need to speak to a criminal lawyer before speaking to anyone about your situation, especially police and other members of law enforcement. A criminal defense lawyer will explain to you that you have the right to remain silent and how to maintain your right to silence when you are questioned by the police.
The lawyers at Kruse Law will work tirelessly to help you avoid harsh penalties and a criminal record. We will thoroughly examine your case and develop a strategy and game plan to either win your case or obtain the lightest sentence possible.