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Common Defences Against Sexual Assault Charges
Facing sexual assault charges can be overwhelming, but there are several common defences that may apply. Understanding these defences can help clarify your options and guide you through the legal process. Here are some of the most frequently used defences in sexual assault cases.
Innocent of the Act
When you hire GSP law, your sexual assault attorney will gather facts and evidence to prove that you were not present, could not have applied force to the complainant, and more.
Mistaken Identity
The criminal defence lawyer will question whether the accuser can clearly identify the accused as the person who committed the sexual assault. They may also challenge the reliability of any forensic evidence the prosecution uses to confirm the attacker’s identity.
No Sexual Activity Took Place
In sexual assault cases, the burden is on the accuser to prove that sexual activity occurred. This defence often hinges on credibility. That’s why, you must have a sexual assault Criminal lawyer in Brampton who knows how to handle such cases.
Consensual Sexual Activity
In many sexual assault trials, the crux of the matter is whether the sexual activity was consensual or not. Your Brampton criminal lawyer will gather evidence to show consent or challenge the accuser’s claims.
Believing it was Consensual
A typical defence in sexual assault cases is when the accused genuinely believes the sexual activity was consensual. However, there are limits to this defence. For instance, being intoxicated voluntarily doesn’t count.
A seasoned Toronto sexual assault criminal lawyer would argue that there was a reasonable belief in the complainant’s consent.
Punishment For Sexual Assault in Canada
Sexual assault can lead to serious legal consequences. Here’s a breakdown of the punishments for different levels of sexual assault:
Level 1: Up to 10 years in prison
This includes any forced sexual activity without consent or initiated for sexual gratification. The victim may or may not sustain minor physical injuries.
Level 2: Up to 14 years in prison
This involves using or threatening to use a weapon, harming the victim’s friends or family, causing bodily harm, or committing sexual assault with others.
Level 3: Up to life in prison
Also known as aggravated sexual assault, this is the most severe form. It includes actions such as maiming, disfiguring, or endangering the victim’s life.
Don’t Face Sexual Assault Charges Alone – Trust GSP Law to Protect Your Rights
With our expertise and commitment to your case, you can trust us to work tirelessly to defend your innocence. Let us stand by your side and fight for the justice you deserve.
Types Of Sexual Assault That Can Be Filed Against You
Facing sexual assault charges can range from inappropriate touching to rape. If the accusation involves someone under 16, it might result in a sexual interference charge, which can be complex to defend.
Sexual Assault with Physical Contact
Sexual assault with physical contact involves any unwanted sexual activity such as:
- Rape or Sexual Relations with Penetration
- Attempted Rape
- Sexual Touching/Contact
Sexual Assault without Physical Contact
Sexual assault isn’t always about physical contact. In some cases, it can occur without any physical touch. It includes:
- Sexual harassment
- Exposure to sexual acts by force, such as pornography or actual sexual activity
- Exhibiting or exposing genitalia
- Taking photos or making videos or other recordings of a child in a sexual nature
- Inciting or forcing a child to touch their own body or masturbate
Sexual Assaults Based on Perpetrator and Victim Relationship
Sexual assaults can occur in various relationships, each presenting unique legal and emotional challenges. It includes:
- Intrafamilial Sexual Abuse
- Extrafamilial Sexual Abuse
- Sexual Assault in Conjugal Context
- Sexual Misconduct
Expert Defence Against Sexual Assault Allegations in Toronto
When it comes to defending against sexual assault charges, having a skilled and best criminal lawyer in Brampton is crucial. GSP Law stands out as a top criminal defence firm in the city, equipped with the experience and resources needed to defend individuals facing sexual assault allegations.
Sexual assault charges are treated with utmost seriousness in the legal system, and the consequences are significant. Our Toronto-based sexual assault criminal lawyers understand the gravity of these accusations. They know that your freedom and reputation are on the line.
That’s why they work tirelessly alongside other legal professionals to provide expert defence and achieve the best possible outcome for you.
Sexual Assault Can be Challenging – Contact GSP Law Now
Facing the challenges of Sexual Assault? You’re not alone. GSP Law is here to guide you through the complexities. Trust us to advocate for your rights and secure your best outcome.
Why Choose GSP Law as your Sexual Assault Criminal Lawyer Toronto?
When you’re facing Sexual assault charges, choosing the right criminal defence lawyer is essential. GSP Law emerges as your dependable legal ally in GTA, providing:
Proven Expertise
GSP Law brings a wealth of experience in handling sexual assault cases and makes sure you’re represented by seasoned professionals.
Dedicated Legal Advocacy
Gagan Pannu, a respected local criminal defence lawyer, diligently pursues the best outcomes for your case, protecting your rights every step of the way.
Transparent Communication
Count on GSP Law to keep you updated on your case’s progress and address any queries promptly to make sure you’re informed and supported throughout the legal process.
Community-Focused Approach
Recognizing the significance of your ties within the community, we strive to seek resolutions that minimize disruption to your community connections, prioritizing your well-being and standing.
Our Specific Sexual Assault Defence Lawyer Service Areas
Here are specific service areas where our team excels in providing dedicated support and legal representation.
- Toronto
- Orangeville
- Brampton
- Mississauga
- Vaughan
- Markham
- Richmond Hill
Frequently Asked Questions About Sexual Assault
What Does the Criminal Code of Canada Define as Sexual Assault?
In the Canadian Criminal Code, sexual assault is part of assault offences. It occurs when someone:
- Intentionally applies force on another person without their consent.
- Attempts or threats to apply force.
- Causes the other person to believe they can apply force.
- Behaves menacingly while carrying a weapon.
Note: Consent isn't valid if obtained through force, threat, fraud, or abuse of authority.
What's the Age of Consent in Canada?
In Canada, the age of consent is 16. Once someone reaches 16, they can legally consent to sexual activity. For those aged 12 or 13, they can consent if the partner is less than 2 years older, with no power dynamic or exploitation.
For 14 or 15-year-olds, consent is legal if the partner is less than 5 years older, with no position of trust or exploitation. Minors under 12 cannot legally consent to sexual activity in Canada.
When will there be a lack of consent for sexual activity?
- No consent exists in the following cases:
- The complainant is too intoxicated or lacks mental capacity.
- The complainant withdraws consent verbally or through gestures.
- The accused holds authority, power, or trust over the complainant.
- Consent is given by someone other than the complainant.
- The complainant is under 16, except for close-in-age exceptions.
What is a mistaken belief in consent?
A mistaken belief in consent occurs when the accused honestly but mistakenly believes that the complainant consented to sexual activity based on their actions, gestures, or words.
What Must the Prosecution Prove in a Sexual Assault Charge?
In a sexual assault charge, the prosecution must prove three key elements:
- Intentional touching.
- Sexual nature of the contact.
- Absence of consent.
What are the Costs of Defending Sexual Assault Charges?
The cost varies depending on trial circumstances and evidence gathering. Hourly lawyer rates average $75 in Canada. Pro-bono representation for the accused in criminal cases is rare. Discuss defence costs with your lawyer upfront. Public defence support or payment plans may be available if unable to pay upfront.
What Must the Prosecutor Prove?
The prosecutor must establish that the accused intended to apply force to the victim, who did not consent, and that the accused knew consent was absent. Additionally, the touching must be sexual in nature. If reasonable doubt arises about any element, acquittal is possible. All elements must be proven for conviction.
What's the Duration of a Sexual Assault Investigation in Ontario?
Sexual assault investigations in Ontario can be lengthy. Evidence collection typically occurs within 72 hours of charges, but processing and gathering testimonies may take weeks. Trial dates may be set months later. It's crucial to have proper legal support for presenting your case effectively in court.
Important Professional Disclaimer:
This website does not and cannot contain legal advice. The legal information provided on this page, especially the potential defences cited, is for general information and educational purposes only. No part of it is meant to be used as a substitute for professional advice.
Accordingly, we encourage you to consult a professional to provide you with legal advice fit for your case before taking any action based upon such information.
GSP Law cannot be held accountable nor liable for misinterpretation of the cited potential defences for Sexual Assault Charges, and they are not legal advice nor guidance given on this website.
GSP Law encourages users of this website to consult with local counsel or contact us for actual legal advice or guidance.
Honest. Dedicated. Effective.
We understand how stressful it might be to face a possible DUI conviction or criminal record. To provide superior legal services with professionalism, honesty, and dedication is our mission.
Regardless of your current situation in the criminal justice system, it is vital to acquire a criminal defence lawyer as soon as possible.
At GSP Law, we are devoted to exploiting all accessible paths of defence to obtain the most desirable outcome possible for our customers.
Our experienced and client-centric team of legal experts specializes in criminal law. We are committed to providing effective representation for individuals facing a variety of offences.
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