An assault involves the threat of force or the actual application of force without the consent of the victim. In addition to that, a prosecutor in a sexual assault case must prove:
- An intentional contact
- The contact was of a sexual nature
Sexual assault can be one of the most serious charges that one can face even if there are no aggravating factors. Aggravating factors like the use of a gun during the assault can add a significant amount of time in jail.
The prosecution also has the choice of electing by indictment or summarily. Assuming the crown elects by indictment, the accused can elect to be tried by a judge of the Ontario Court of Justice, by judge alone in the Superior Court of Justice or by judge and jury in the Superior Court of Justice. If the crown elects summarily, then the accused’s trial will always take place in the Ontario Court of Justice.
For a summary conviction of sexual assault, a person can be sentenced to:
- if the victim is under 16-year-old, the maximum jail term is 2 years less a day
- if the victim is over the age of 16, the defendant will face a maximum imprisonment of 18 months.
If the crown elects by indictment a person can be sentenced to:
- a maximum of 14 years in jail if the victim is under the age of 16 or you hold a position of trust and authority towards the person involved
- if the victim is 16 years of age or older, the defendant will face a maximum of 10 years in Jail
HOW KRUSE LAW CAN HELP YOU
It is very important to hire a lawyer in sexual assault cases even when you think the Crown’s case is not strong. Our team which is experienced in defending sexual assaults charges can represent you at all stages, including but not limited to:
- at the first and all subsequent court appearances
- Bail hearing
- Preliminary hearing (only available for indictable sexual assault cases where the victim is under 16 or the accused is in a position of trust)
- Your trial
When you are questioned by the authorities, it is always a good idea to exercise your right to remain silent and not answer any questions or provide a statement. You might feel like you have done nothing wrong and try to explain yourself, but that usually only leads to more problems, including setting up inconsistencies compared to your future testimony at trial. If you have been arrested or are under investigation for a sexual crime, it is never in your best interests to talk to the police or answer their questions. Our lawyers can provide you with the legal advice you need throughout all stages of the investigation and court process.
WHY YOU SHOULD RETAIN US
Michael Kruse, the founder of the Kruse Law Firm has over 30 years’ experience in defending people against criminal charges. He is also one of three former Crown prosecutors the firm is proud to have on their team.
Our skilled and tireless team of lawyers focus on sexual assault charges and are ready to build the best defence case while guiding you through every step of the way.
We strongly recommend that anyone accused of sexual assault or any type of sexual crime in the Windsor area contact us online for a free consultation. Our office in Windsor focuses on criminal law cases only, including sexual assault. Our initial online consultation is free and is meant to assist you in your time of need.
Kruse Law Firm operates out of our offices in Windsor, Kitchener, London, and Toronto to assist clients throughout Ontario.