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Sexual Assault

Sexual Assault

Sexual assault is taken very seriously in Canada. Since August 9, 2012, minimum jail sentences apply when an individual is convicted of sexual assault (S. 271 C.C.) and the complainant (victim) is under the age of 16 years. If you have been charged with sexual assault, you should call Mr. Penny immediately. Mr. Penny has over 31 years of experience in defending these types of offences.

Related offences include aggravated sexual assault, sexual assault with a weapon and sexual assault causing bodily harm.  Mr. Penny has years of experience in defending these types of charges, as well as charges under Sections 151 (sexual interference) to 153 of the Criminal Code.  Since August 9, 2012, Sections 151 (sexual interference) to 153 (sexual exploitation) of the Criminal Code mandate minimum jail sentences upon conviction as well. If you are charged with these types of offences, you should contact Mr. Penny immediately.  Sections 273.1 to 276 of the Criminal Code cover issues of what constitutes “consent” in the circumstances and Mr. Penny has experience in defending cases where consent is at issue as well.

Procedure in sexual assault cases can be by indictable or by summary conviction process.  If indictable then upon conviction the accused can be imprisoned for a term not exceeding ten years.  If summary then upon conviction the accused can be imprisoned for a term not exceeding eighteen months.

There are special evidentiary and procedural provisions regarding sexual assault cases.  These rules have changed over time and it is very useful to have a lawyer that is familiar with these rules.  For example, one section provides that no corroboration is required for a conviction.  There are also special rules regarding evidence of recent complaint and also where a witness is under the age of 18 years or suffering from a mental or physical disability and also when a person might give evidence via video or from behind a screen or other device that would shield the witness from the view of the accused.

A conviction for sexual assault results in a criminal record.  There can be serious even devastating long term consequences to the accused following such a conviction.

The Sex Offender Information Registration Act (SOIR Act) of Canada from 2004 set up a Canadian National Sex Offender Registry.  If you are convicted of sexual assault you will likely fall under that legislation and be registered in the registry as a sex offender.  There are other obligations.  It is intrusive.  Call Patrick Penny.

 

Sexual crimes other than sexual assault can include:

  • Adultery, corrupting children
  • Anal intercourse (certain situations)
  • Bestiality
  • Common bawdy house
  • Immoral theatrical performances
  • Incest
  • Indecent exhibition
  • Indecent exposure
  • Mailing obscene matter
  • Nudity
  • Prostitution
  • Removal of children from Canada for sexual purposes
  • Sexual interference
  • Sexual exlpoitation
  • Sexual touching (invitation to person under 16 years old)
  • Stupefying drugs to person for sexual intercourse
  • Publishing obscene material
  • Sexual exploitation by person in position of trust

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Sexual Assault As Defined In The Criminal Code

271. Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.

R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19; 2012, c. 1, s. 25.

Sexual Assault With A Weapon or Threats or Causing Bodily Harm, As Defined In The Criminal Code

272. (1) Every person commits an offence who, in committing a sexual assault,

(a) carries, uses or threatens to use a weapon or an imitation of a weapon;

(b) threatens to cause bodily harm to a person other than the complainant;

(c) causes bodily harm to the complainant; or

(d) is a party to the offence with any other person.

Aggravated Sexual Assault As Defined In The Criminal Code

273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

 (i) in the case of a first offence, five years, and

(ii) in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

(b) in any other case, to imprisonment for life.

Call today.

Patrick Penny: (403) 342-9595.

 

Red Deer, Edmonton, Calgary, Rocky Mountain House, Stettler, Rimbey, Didsbury, Ponoka, Lacombe, Wainwright, Killam, Leduc, Wetaskiwin, Swan Hills, Whitecourt, Camrose, Airdrie, Fort McMurray, Grande Prairie – anywhere in Alberta for a criminal law lawyer.