|Posted by Kruse Law on October 11, 2018|
The Supreme Court of Canada has determined that the act itself is a violation of the sexual integrity of the victim. Therefore, contact with a specific part of the body does not necessarily determine whether a sexual assault has occurred. For example, the brief touching of another person’s leg or buttocks over their clothes may or may not constitute a sexual assault depending on the factual situation and circumstances. However, a non-consensual intentional touching of another person’s genital organs clearly constitutes a sexual assault. Each factual situation has to be carefully examined to determine whether a sexual assault has taken place. Some of the factors to consider whether a particular act is a sexual assault would include the body part touched, the nature of the touching and any other conduct or words spoken which imply a sexual context.
Investigators specializing in sexual assault look for certain elements of a case:
Forms of Sexual Abuse
The legal definition of “sexual abuse” or “sexually related crimes” is commonly understood to encompass unwanted contact of a sexual nature. In addition to unwanted sexual fondling and touching, it also includes:
What is the Punishment in Canada for Committing a Sexual Assault?
Those who commit the act of sexual assault are guilty of:
If an indictable sexual assault is committed against a complainant under the age of 16 years, the maximum prison term is 14 years and the mandatory minimum is one year. If the crown elects to proceed summarily on a sexual assault charge and the complainant is under the age of 16 years, the maximum prison term is two years less a day and the mandatory minimum is six months.
In regard to sexual assault cases, the offence is considered to be more serious with lengthier jail terms if the offender:
If a firearm is used in the crime, the guilty party can face up to a 14 year prison term with a mandatory minimum 4 year jail term.
Retain a Lawyer in Ontario Who Focuses on Defending Sexual Assault and Sexually Related Crimes
The lawyers at Kruse Law have extensive experience defending the full spectrum of sexual assault matters and sexual crimes. Kruse Law has a consistent track record of winning sexual assault trials and obtaining the best result possible for clients who choose to plead guilty. We will leave no stone unturned in defending you and do whatever it takes to win your case within the bounds of ethics and the rules of the courts.
If you or a loved one has been charged with sexual assault or a sexually related crime, contact us for a free consultation by clicking here or call us toll free1-800-699-0806. The call is free and you have nothing to lose. We will provide you with some basic legal advice regarding the court process and guidance regarding your case.
|Posted under Sexual Assault|
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