Aggravated Sexual Assault in Brampton
Sexual assault cases in Brampton encompass a broad spectrum of actions, ranging in severity. At one end of this spectrum, we have instances of unwanted bodily contact, which can be considered less extreme. However, at the other end of the spectrum, more extreme events, such as sodomy, may take place.
One concept that has puzzled many individuals is the notion of “aggravated sexual assault.” The question arises: at what point does sexual assault become “aggravated”? This distinction is crucial in the legal context and often hinges on various factors and circumstances that significantly intensify the seriousness of the assault.
What is Aggravated Sexual Assault?
An Aggravated Sexual Assault is found under Section 273 (1), which states that: “Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.”
What Is The Sentence For Aggravated Sexual Assault in Brampton, Canada?
Section 273, Subsections (2), (3), and (4) of the Criminal Code of Canada provide as follows:
Subsection (2): Penalties for Aggravated Sexual Assault
Any individual found guilty of committing an aggravated sexual assault faces indictment with the following penalties:
(a) If during the offence, a restricted or prohibited firearm is used, or any firearm is involved and the crime benefits, is directed by, or associated with a criminal organization, the individual is subject to:
For a first offence, a minimum of five years to life imprisonment.
For second or subsequent offences, a minimum of seven years to life imprisonment.
(a.1) In cases where a firearm is used but does not meet the conditions of (a), the penalty is life imprisonment with a minimum of four years.
(a.2) If the victim is under 16, the penalty is life imprisonment with a minimum of five years.
(b) In all other cases not specified above, the penalty is life imprisonment.
Subsection (3): Considering Previous Convictions
When determining whether an individual has prior offences for the purposes of subsection (2)(a), the following previous convictions are considered:
- Convictions under this section, subsections 85(1) or (2), sections 244 or 244.2, or offences under sections 220, 236, 239, 272, subsection 279(1), sections 279.1, 344, or 346 involving the use of a firearm.
- Previous offences are not considered if more than ten years have passed since the conviction, excluding any time spent in custody.
Subsection (4): Sequence of Convictions
For the purpose of subsection (3), only the order of convictions is relevant. The timing of the actual commission of offences or the sequence relative to other convictions is not considered.
The Aggravated Classification
Put simply, the aggravated classification speaks to the more heinous forms of sexual assault cases in Brampton. The extenuating circumstances create an air of greater seriousness than more standard cases of rape or other forms of the offence. Injuries sustained also have a big part to play.
Realistically, there is no standard measuring stick that applies to every jurisdiction. That’s one reason why retaining an experienced attorney is essential, as litigation experience breathes better navigation of locally applicable statutes.
Still, there are some generally accepted crimes which virtually all jurisdictions classify as aggravated sexual assault in Brampton. This includes:
- Sexual assault crimes show a blatant disregard and even indifference to human life.
- Multiple assailants commit the crime against the victim.
- Extreme violence is used to get the victim into the state to perform the act, and the violence may even persist during and after that.
- Certain known drugs are used to hinder the victim on a psychological level to facilitate the assault.
- A parent, guardian, or other family member commits the act.
- If the offender takes advantage of a position of power, whether from a managerial, legal, or disciplinary status.
Again, it’s essential to indicate that depending on your location, all of these, or only some of them, may be classified as aggravated assault in Brampton.
Age and Consent
The age of the victim is often considered in classifying these crimes. You may find that minors, based on their inability to consent properly and a potentially less than functional understanding of the world, require more excellent protection. Therefore, sexual assault committed against them, especially by persons who are meant to care for them, is more likely to be classified as aggravated.
Consent, of course, sits at the center of just about any sexual assault case. This central principle, when present with adults, means no incident has occurred, but when absent, it is a primary indicator of an assault case.
Identifying Your Attorney in Brampton
In an aggravated sexual assault in Brampton case, you could fall under one of two categories. The first is being on the side of the victim, either as the person against whom the attack was committed or a close relative or friend.
In this case, legal representation would help you traverse the correct process to handle the matter according to the applicable laws to your location.
Alternatively, you may be a defendant, which means you face lengthy prison penalties, losing constitutional rights, registering as a sex offender, etc.
In either case, it would be in your best interest to contact a legal professional at FMK Law Group in Brampton to have a proper evaluation of the situation to ensure that your options are carefully evaluated and considered.
Aggravated sexual assault in Brampton is a serious crime and one that can have long-lasting effects on its victims. Regardless of the physical and mental factors involved. It is a legal matter, which means the best way to handle it is with the assistance of trained legal professionals.
Call FMK Law Group Today
If you have been charged with aggravated sexual assault in Brampton and surrounding cities, you need an experienced and knowledgeable lawyer to defend your rights. The lawyers at FMK Law Group are passionate and experienced professionals ready to fight for you.
Aggravated sexual abuse or assault is a serious charge that can result in a lengthy prison sentence. The consequences of a conviction are severe, so it is essential to have an experienced lawyer on your side.
For those dealing with aggravated sexual assault charges, Fadi Matthew emerges as the leading specialized criminal defence lawyer in Brampton, providing unrivalled legal assistance.
His deep-rooted experience in handling aggravated sexual assault cases, coupled with his extensive knowledge of Brampton criminal law, establishes him as the prime choice for exemplary legal counsel. Depends on Fadi Matthew’s proficiency to handle your case and strive for the most beneficial outcome in your circumstances.
- Call us for a FREE Consultation
- (647) 588-3234