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Sexual Assault Types

Types of Sexual Assaults

Sexual Assaults range from inappropriate touching to unwanted or physical assaults. Where a sexual allegation has been made call for qualified legal advice at 416-731-7113.

Sexual Assault Includes

Sexual Assault is broadly defined in Canadian law and can include all unwanted sexual activity, such as kissing, and fondling, unwanted sexual acts, as well as rape. An accused maybe charged for allegations of:

  • sexual touching
  • sexual exploitation
  • sexual interference
  • corrupting morals
  • child pornography
  • voyeurism
  • Prostitution
  • rape

Sexual crimes under Canadian law have no statue of limitation, meaning that complainants can make allegations years after the incident happened and do not have to produce witnesses to the event.

What is a Sexual Assault

Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim.

The Supreme Court of Canada held that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim.

When investigating a sexual assault, there are certain relevant factors to consider:

  • part of the body touched
  • nature of the contact
  • situation in which the contact occurred
  • words and gestures accompanying the act
  • other circumstances surrounding the act
  • threats that may or may not be accompanied by force

The victim of the sexual assault can be man or woman and the attacker can be of the same sex as the victim.

A spouse may be charged with sexual assault upon the other spouse.

Definition of Assault – Criminal Code of Canada

A person commits an assault when without the consent of another person,

  • applies force intentionally to that other person, directly or indirectly;
  • attempts or threatens, by an act or a gesture,
    • to apply force to another person,
      • 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, accosts or impedes another person or begs.

For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of:

  • fraud
  • the exercise of authority
  • the application of force to the complainant or
    • to a person other than the complainant;
  • threats or fear of the application of force to the complainant or
    • to a person other than the complainant;

The Criminal Code of Canada applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Common Assault

Common assault is the lowest level of assault charges in Canada.  A simple or common assault is where one person has applied force upon another person usually where no injury as occurred or the injury is very minor in nature, e.g a scrape or minor bruise.

Where a incident has occurred and it is a one time situation with no history or previous criminal record the crown attorney may deal with these charges with community service, conditional discharges or by way of diversion.

Punishment for Sexual Assault

Everyone who commits a sexual assault is guilty of

  • An indictable offence and is liable to imprisonment for a term not exceeding ten years or
  • An offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months

Sexual assaults can involve, sexual harassment, Elderly sexual assault Groping Rape and sexual harassment.  Read more about the penalties for sexual assaults.

Your Winning Defence Team

Toronto Criminal Lawyer

You’re not guilty unless a judge says you are, not the police or the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court, and to have the evidence of your accuser challenged by a criminal lawyer.

We know being arrested can be devastating, but there is a solution and we can help.

As experienced trial advocates, our network of criminal lawyers, former crown attorneys, and retired police officers ensures that No Stone is Left Unturned™ in defending and representing our clients.

We have years of experience with sexual assault charges and a high level of service with the reviews and winning cases to back it up.

Call us today at 416-731-7113 to discuss your legal defence.

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This site is for information only and is not meant to replace qualified legal advice by a criminal defence lawyer. The application and interpretation of law, sexual assault is constantly changing, the writers shall not be held responsible for any information that may be incorrect or out of date. The owners of this website recommend that anyone wishing to fight a criminal charge obtain qualified legal advice before doing so.

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