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How Sexual Assault is Defined in Canada

Posted by Kruse Law on October 31, 2018

At Kruse Law, we understand the serious consequences and implications involved if you are accused of a sex crime.  The damage to your physical, emotional, and financial health causes levels of stress that may seem insurmountable. The stress, concerns and worries of jail time, the loss of certain civil rights and the possibility of registering as a sex offender can keep you awake at night.

According to the Royal Canadian Mounted Police, if you are convicted of certain sex offences, you are required to report annually to the police so they can document your current address, type of employment, the car you drive, and any new identifying marks such as tattoos or scars.  In addition to serving a lengthy prison term, a sexual assault conviction will affect your travel as you will likely be refused entry to certain countries such as the United States. 

You do not want to fight this battle alone, and you do not have to. Our lawyers have extensive experience defending those who are faced with allegations of sexual assault.  We have learned that people get arrested based on false accusations, mistaken identity, innocent misunderstandings and even attempts at revenge.   We have won countless cases where we have demonstrated during cross-examination that the alleged victim was not credible or reliable. We are often able to create a reasonable doubt and win our clients’ trials.   If you tell us you want to have a trial and win your case, we will bring everything we can to the table to try and win your case within the ethical rules of the Court.

To help you get a better grasp of how to defend charges of this nature, we want to give you a deeper understanding of sexual assault in Canada.

How is Sexual Assault Defined in Canada?

Sexual assault or other offences in the same category present several challenges within our legal system. Crimes of this nature mean the victims experience trauma physically, emotionally, sexually and psychologically that is unique compared to other victims of crime. What makes matters more complicated is the difficulty obtaining accurate data because so many victims are reluctant to report the assaults. Sex crimes are far less likely to be reported to the police than robbery or assault.

The Canadian Criminal Code defines sexual assault fundamentally differently than similar offences in several other developed nations in the world.

The Canadian Department of Justice reports that the Criminal Code interprets sexual assault as an assault involving circumstances of a sexual nature that violate the sexual integrity of the victim.

Sections 271 and 272 of the Criminal Code assigns levels to the offences:

  • Level 1 Sexual Assault: An assault in which conditions of a sexual nature disturb the sexual integrity of the victim. Victims of this level of assault do not suffer any injuries or any injuries that are suffered are minor.
  • Level 2 Sexual Assault: As assault in which a weapon, threats  or bodily harm is involved.
  • Level 3 Aggravated Sexual Assault: An assault in which the victim is maimed, wounded, disfigured or has his or her life endangered.

A person who is convicted of a sexual assault usually faces a jail term ranging from days in jail to many years depending on the severity of the sexual assault.  If a person is found guilty of a sexual assault, it is extremely rare to avoid a jail term unless the touching was very brief and of a very minor nature.   For example, if a man intentionally touched a woman’s buttocks in a sexual manner for a brief moment in a bar, they might be able to avoid a jail term when they are sentenced.  Because of the seriousness of sexual assault charges, you deserve to have a legal team that is doing everything possible to ensure your interests are protected.

Accused of a Sex Crime? Contact Us for Help

If you or someone you know has been accused of a sex crime, contact Kruse Law by calling one of our local offices or toll free at (800) 699-0806  to schedule a free consultation by phone or in person.

Our wide-ranging background defending sexual crimes enables our team to have valuable insight into how cases involving sex crime allegations can be won at trial. We will be by your side from our initial meeting until your case is resolved. We will fight to protect your reputation and your freedom.

We have multiple office locations throughout southern Ontario and represent clients throughout Ontario. Call us today.

Posted under Sexual Assault