The Definition of Sexual Assault According to the Criminal Code
Section 265 of the Criminal Code of Canada further explains the definition of assault. According to the Code, an individual is committing assault when they:- Apply force intentionally to another individual indirectly or directly without the consent of the other person;
- Threaten or attempt to use force over another individual by gesture or act and that threat or attempt causes the other person to reasonably believe the accused has the ability to carry out their intention;
- An individual impedes or accosts another person while openly carrying or wearing a weapon or an imitation of a weapon
- Threats to the complainant or someone other than the complainant
- Fear of the use of force experienced by the complainant
- The use of an authoritative position
- Fraud
Charges Related to Sexual Assault
Under the Criminal Code, there are several sexual offences a person can commit other than sexual assault. An experienced sexual assault defence lawyer in Toronto, Kitchener, London or Windsor can inform you of other related sexual offences in addition to the ones listed below:- Child pornography is accessing, possessing, or distributing sexually suggestive or graphic photos or videos of anyone under 18 years of age.
- An invitation to sexual touching consists of counselling or inciting a person who is under 16 years old to indirectly or directly touch the body of another person.
- Sexual Exploitation includes when a person in a position of trust or authority towards a young person (such as a parent or school teacher) touches the young person for a sexual purpose.
- Luring is using a computer, phone, or other telecommunication system to communicate with someone believed to be under 18 years old in order to exercise an offence under the Criminal Code. Different offences apply depending on the age of the minor involved.
- Bestiality is penetrating an animal vaginally or anally.
Sexual Assault Defence Lawyers in Toronto, Kitchener, London or Windsor
If you are facing charges of sexual assault or any type of sexual crime, it is best to seek the counsel of an experienced criminal lawyer before talking to authorities even if you believe you are innocent. A skilled sexual assault defence lawyer can provide you with the necessary advice and information about your case so you know your rights. You do not want anything you do or say to be used against you in your case. The court system in Canada takes the matter of sexual assault very seriously. The police will generally charge you with sexual assault based on the word of a complainant alone, even though there is no other physical evidence The knowledgeable criminal lawyers at Kruse Law can help you. Schedule your free consultation or call toll free 1-800-699-0806 to speak with someone today.
Michael Kruse is a seasoned criminal defence lawyer with more than 36 years of experience in Ontario. A former Assistant Crown Attorney, Mike brings decades of courtroom and trial experience to the defence of serious criminal charges. He leads Kruse Law Firm with a strategic, practical approach focused on strong advocacy and achieving the best possible outcome for every client.
