Sexual Assault In Canada

Sexual assault is an extremely serious offense with lasting repercussions, from ruining careers and breaking families to placement on provincial and federal sex offender databases.

If found guilty, sexual assault carries a maximum sentence of 14 years imprisonment. Sentences vary based on various factors including victim age and whether the Crown decides to proceed by indictment or summary process.

So, how long do you get for sexual assault in Canada?

Indictable Offence

Sexual assault is an indictable offense in Canada and, due to women being three or five times more likely to experience sexual violence than men, penalties associated with this crime tend to be more serious than other offenses.

Sexual assault remains the number one crime to go unreported; even after the #MeToo movement has gained momentum. Sexual assault remains a serious crime with lasting impacts for survivors, their family, and community members alike.

If you are found guilty of sexual assault, registration with the National Sex Offender Registry must occur. Your lawyer can assist with this process. At your sentencing hearing, a judge will consider aggravating and mitigating factors as well as recommendations from both Crown counsel and your lawyer when making their ruling and may impose restrictions such as no children clauses to keep away young people.

Summary Conviction

Sexual assault in Canada is a serious crime. The Crown may choose between indictment or summary conviction depending on the circumstances; for example, if there is an under-16 victim involved then indictment will likely occur; otherwise it may proceed summarily.

Sexual assault can be defined as any unwanted sexual contact without consent or voluntary agreement from both parties involved, from groping to rape or engaging in sexual activity with someone underage. Sexual assault does not always require sexual pleasure; for instance it could involve touching a female’s breasts or even using laser pointer at their penis as examples of inappropriate conduct.

Sexual assault convictions carry with them serious jail sentences and can also place the accused on the National Sex Offender Registry, so it is critical that you retain legal representation from an experienced sexual assault lawyer from the outset to save time and resources while achieving the best possible results.

Discharge

In Canada, a judge may decide to dismiss an accused person from sexual assault charges; however, before making this decision they must take into account aggravating and mitigating factors.

For example, if the accused were in a position of authority and used this power to sexually assault someone without consent then their conviction will likely be considered more severe and their sentence more stringent. Furthermore, penetration will also make the penalties more serious.

Sexual assault in Canada is taken very seriously, particularly where victims are under 16 years old or when it involves level 3 sexual violence. A mandatory minimum sentence reflects this severity.

Sexual assault convictions can have devastating repercussions in your life, from impacting employment, housing options and travel plans to damaging reputation. That’s why it’s critical that when facing any sex offence charges it is imperative to retain legal assistance immediately.

Minimum Sentences

Sexual assault convictions carry with them a minimum jail sentence set out in Canada’s Criminal Code; however, judges are permitted to impose more serious prison terms when finding an accused guilty.

The severity of any penalty depends on several factors, including the age and circumstances of the victim as well as whether the Crown decided to pursue indictment or summary proceedings against them. Furthermore, violence used is taken into consideration as is whether they were vulnerable such as having mental or physical impairments at the time of assault.

Pyzer Criminal Lawyers offer knowledgeable and aggressive defence services that will be able to eliminate aggravating, complicating, or detrimental circumstances in your case that might contribute to minimum sentences imposed by the court – this is especially crucial in cases involving penetration which also involve underage victims.

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