Seek Expert Legal Assistance from Criminal Law Firm in Toronto for Consent and Sexual Assault Case
If anyone is charged with consent and sexual assault charge in Toronto, then seeking legal assistance from the best criminal law firm will be the best strategy. The Canadian law for this offence is quite complex and nuanced and understanding its complexities for a normal person is not an easy task. FMK Law Group is a leading criminal law firm in Toronto that holds great specializations in defending individuals facing consent and sexual assault charges. Consent and sexual assault charges are devastating and hence accused need the expert legal assistance of a reputed criminal law firm that can stand by the accused side and guide them thoroughly from the first call to the final resolution of the case.
An Insight into Consent and Sexual Assault
According to the Criminal Code of Canada, sexual activity is legal only when both parties consent. If any person indulges in sexual activity without the consent or voluntary agreement of another person, then it is considered sexual assault. Sexual assault definition in Canada includes all unwanted sexual activities like kissing, sexual grabbing, fondling, and rape. As per the Criminal Code under section 273.1(1) of Canada, consent is defined as a voluntary agreement or allows someone to engage in any sexual activity. It means consent should be an active, ongoing, and conscious process without the influence of coercion and should not be passive or silent.
Active consent means a clear yes indicated through words or actions at the time of every sexual activity. Silence and passivity are not considered consent and the couple engaging in the sexual activity has to confirm each other’s consent through proper steps. Ongoing consent means the person should be giving, refusing, or taking back consent for every sexual act. Thus, any unwanted sexual contact after taking back the consent is considered sexual assault.
Conscious consent means that the person should be conscious while giving consent and he/she should not be unconscious or impaired by drugs or alcohol while giving consent. If the person is giving consent under the influence of drugs or alcohol then their consent to sexual contact will not be considered legal. Similarly, if the person gives consent out of threats, fear, or violence, then also their consent will not be considered legal.
The law in Canada greatly emphasizes what the person was thinking and feeling at the time of the sexual activity. Sexual contact will be considered legal only if the person has given positive consent through words or conduct and the consent can be given only by the person and no one else can give consent on the behalf of that person.
Legal Age of Consent to Sexual Activity
The law in Canada has fixed an age for a young person to legally agree to sexual activity, and the person should be at least 16 years of age to agree to sexual activity. It is for all types of sexual activity, from fondling, and kissing, to sexual intercourse. Though, an exception exists for the age limit. A 14 or 15 years old person can give consent to sexual activity if the other person is not more than five years older than him or her and there is no relationship of trust, authority, dependency, or exploitation of the younger person.
Common Sexual Offences and How Best Criminal Law Firm in Toronto can Help?
The Criminal Code of Canada protects all its citizens and children from sexual abuse and exploitation like sexual assault with a weapon, voyeurism, sexual interference, distribution of intimate images without consent, child pornography, sexual exploitation, and child sex tourism. The accused will face minor or major penalties depending on the nature of the sexual offence. Therefore, any person who has been charged with a sexual offence or falsely implicated in this crime can seek the assistance of the best criminal law firm in Toronto to reduce their penalty or prove their innocence in the case. The accused need to get strong legal representation from a reputed criminal law firm in Toronto to make the legal process smooth and easier.