Are You Looking For Sexual Offences Lawyer In Oakville Or In The Surrounding Areas Who Will Fight To Protect Your Rights?
Being charged with sexual Offence is a very serious criminal offence. This type of crime includes crimes of a sexual nature, including rape. Sexual assault is generally defined as the use or threatened use of force against another, either directly or indirectly, without their consent, where the assault is sexual.
To be charged with sexual Offence, one does not have to engage in the act of intercourse with the alleged victim. Furthermore, the accused does not need to attain sexual gratification from the assault with the victim.
Any type of unwanted groping, touching, or other gestures of a sexual nature could be considered sexual assault when consent is not present.
Criminal Code Of Canada
Section 265 of the Criminal Code of Canada defines the offences of assault and sexual assault.
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
No consent is obtained where the complainant submits or does not resist because of the following:
- the application of force to the complainant or a person other than the complainant;
- threats or fear of applying force to the complainant or someone other than the complainant.
- fraud or deception
- the exercise of authority
Sexual Assault – Sentences & Punishments
The penalties for sexual assault can vary depending on the severity of the offence and the age of the victim. In Oakville, sexual assault is classified as either a summary conviction or an indictable offence. Summary convictions are less severe crimes and carry a maximum penalty of 18 months in jail. Indictable offences are more severe and carry a maximum penalty of 10 years in jail.
In addition to jail time, individuals convicted of sexual assault may also be placed on the sex offender registry. The sex offender registry is a public database that lists the names and addresses of individuals who have been convicted of sexual offences. Being placed on the sex offender registry can have a significant impact on a person’s life, making it difficult to find employment, housing, and education.
Why Consent Is Vital to Sexual Assault Cases
Consent is a crucial element in determining whether or not sexual assault has occurred. Authorities must carefully assess whether consent was freely given and whether the alleged victim was legally capable of providing consent. Apart from the legal age of consent, there are situations where individuals, even if they have reached the age, are considered incapable of giving legal consent. These include instances where the individual is:
- Under the influence of drugs or alcohol
- Mentally or physically disabled
- In a position of authority or trust
- Unconscious or asleep
Consent is an ongoing process, not a one-time agreement. It is crucial to remember that someone’s consent to engage in sexual activity once does not imply their perpetual consent for all future encounters. Just as consent can be freely given, it can also be withdrawn without explanation or justification.
Call FMK Law Group Today
If you face Sexual Offences charges in Oakville or its neighbouring areas, seeking representation from a seasoned and dedicated lawyer is crucial. The team at FMK Law Group possesses a distinguished reputation for effectively defending clients against such charges.
Their unwavering commitment to protecting your rights and securing the most favourable outcome for your case is evident in their track record of success.
- Call us for FREE Consultation
- (647) 588-3234