Sexual Assault Lawyer – Windsor, Ontario

Sexual Assault and Its Implications

According to Criminal Code Section 265, sexual assault is defined within the broader category of assault, as the intentional application of force (or in this case sexual contact) to another individual without their consent. This can include not only touching in a sexual manner, but also any actions that threaten or attempt such contact. The key element here is the absence of the other person’s consent to the sexual activity.

Within the Canadian criminal justice system, the prosecution has the choice to proceed summarily or by indictment. For a summary conviction sexual assault, a person can be sentenced to:

• A mandatory minimum six month jail term and a maximum of  two years less a day if the victim is under 16 years old, or you hold a position of trust or authority towards the young person. 
• Up to 18 months in jail if the victim is over the age of 16, with no mandatory minimum.

If the Crown elects by indictment, a person can be sentenced to:

• A mandatory minimum one year jail term and a maximum of 14 years if the victim is under the age of 16, or you hold a position of trust or authority towards the young person. There is also a mandatory minimum one year jail term. 
• A maximum of ten years in jail if the victim is 16 years of age or older, with no mandatory minimum. 

A conviction for sexual assault in an Ontario court will have long-lasting consequences on your criminal record and life in general. Beyond jail times, which will be many years in the penitentiary, if your case involves sexual intercourse or other aggravating factors, such as the use of a gun, you will be labeled as a sex offender, which can impact your future employment, travel opportunities, and personal relationships.

Enlist the Support of our Sexual Assault Lawyers in Windsor

Given the serious nature of sexual abuse, sexual assault, sexual interference, invitation to sexual touching, or sexual exploitation charges, hiring an experienced criminal lawyer is a must. At Kruse Law, our lawyers offer staunch legal support and advocacy throughout all stages of the legal process. This includes your:

• Initial and 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 or authority)
• Trial

We are committed to providing legal advice tailored to the unique circumstance of your sexual assault charge. As a trusted criminal law firm, we understand the severity of sexual assault charges and are dedicated to delivering client-focused legal services to safeguard your rights and interests.

Contact Us to Schedule a Consultation

If you have been accused of sexually assaulting someone or any other type of sexual crime, contact us for a free consultation. In this meeting with one of our criminal defence lawyers, you will have the opportunity to tell your story and ask any questions you have. Our lawyer will hear you out and make you aware of your legal options. Gaining an understanding of your situation from a criminal law perspective is the first step, and the earlier you take it, the better. So don’t wait, reach out to us today.

Consult our Sexual Assault FAQs and Protecting Personal Information resources ahead of your meeting with a Windsor criminal lawyer to make the most of your consultation.