Sexual assault is an offence under s. 271 of the Criminal Code. Sexual assault refers to the deliberate use of force or the threat of force, such as touching or threatening to touch, without the other person’s consent, in a way that violates their sexual integrity. It’s important to note that the application of force doesn’t necessarily have to be violent and can be gentle.
If, during the sexual activity, the other person clearly communicated or demonstrated their consent to you, the offence of sexual assault would not be applicable. To understand more about what constitutes consent in the sexual assault context, please click here.
In the event that you genuinely believed the other person was consenting, you might be able to invoke the defence of Honest but Mistaken Belief in Communicated Consent. For further information on Honest but Mistaken Belief in Consent, please click here.
If you are facing a Sexual Assault charge, we encourage you to reach out to us without delay. The implications of a sexual assault conviction can be life-changing for you and your family. We offer a free consultation to discuss your situation and explore the available options.
Sexual Assault with a Weapon is a criminal offence outlined in section 272 of the Criminal Code. It involves a sexual assault in which a weapon or imitation weapon is carried, used, or threatened to be used. A weapon can be any object that contributes to causing harm to the victim, even if it was not originally designed to be used as a weapon. The key factor is that the object played a role in the harm inflicted upon the victim. When an object is used during a sexual assault, it may fall under the category of Sexual Assault with a Weapon.
Sexual assault refers to the deliberate use of force or the threat of force, such as touching or threatening to touch, without the other person’s consent, in a way that violates their sexual integrity. It’s important to note that the application of force doesn’t necessarily have to be violent and can be gentle. The use or threat of force can be direct, using body parts, or indirect, involving the use of an object.
If, during the sexual activity, the other person clearly communicated or demonstrated their consent to you, the offence of sexual assault would not be applicable. To understand more about what constitutes consent, please click here.
In the event that you genuinely believed the other person was consenting, you might be able to invoke the defence of Honest but Mistaken Belief in Communicated Consent. For further information on Honest but Mistaken Belief in Communicated Consent, please click here.
If you are facing a Sexual Assault with a Weapon charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
Gang Sexual Assault is an offence under s. 272 of the Criminal Code. Sexual assault refers to the deliberate use of force or the threat of force, such as touching or threatening to touch, without the other person’s consent, in a way that violates their sexual integrity. It’s important to note that the application of force doesn’t necessarily have to be violent and can be gentle. If the sexual assault was committed by more than one person, it may constitute as Gang Sexual Assault.
If, during the sexual activity, the other person clearly communicated or demonstrated their consent to you, the offence of sexual assault would not be applicable. To understand more about what constitutes consent, please click here.
In the event that you genuinely believed the other person was consenting, you might be able to invoke the defence of Honest but Mistaken Belief in Consent. For further information on Honest but Mistaken Belief in Communicated Consent, please click here.
If you are facing a Gang Sexual Assault charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
Consent refers to the voluntary agreement of a person to engage in the sexual activity, and it must be given at the time of the activity. While someone may appear to be giving consent, there are circumstances where that consent is invalidated. Consent can be considered invalidated when:
- The consent is given by someone other than the person involved in the sexual activity.
- The person involved is unconscious.
- The person involved is incapable of giving consent, for instance due to intoxication, being under the legal age of consent, or having a mental disability.
- The consent was obtained by abusing a position of trust, power, or authority, such as in cases involving a teacher-student or doctor-patient relationship. However, to be clear, that type of relationship does not automatically render a sexual relationship or act criminal.
- The other person clearly communicates, through words or actions, that they do not consent before or during the sexual activity.
If you are facing a Sexual Assault charge, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
If you are charged with a Sexual Assault offence, the defence of Honest but Mistaken Belief in Consent might be available to you.
In cases where an alleged victim of Sexual Assault claims they did not consent, the person charged with Sexual Assault may be able to raise the defence of Honest but Mistaken Belief in Consent. This defence applies when the accused person genuinely, but mistakenly, believed that the alleged victim had given consent to engage in sexual activity based on their words or actions.
To establish the defence of Honest but Mistaken Belief in Consent, it is necessary to demonstrate that the accused person took reasonable steps to determine the alleged victim’s consent. The reasonableness of these steps depends on the specific circumstances surrounding the sexual activity.
If you are currently facing a Sexual Assault charge, we encourage you to reach out to us without delay. We offer free consultation to discuss your situation and explore the available options.
Consequences of Being Found Guilty of a Sexual Assault Offence
The consequences of being found guilty of any Sexual Assault offence can be serious. It can also have other serious implications on your life including: a criminal record, issues with obtaining or maintaining employment or volunteer opportunities, travel restrictions, a lengthy jail sentence, a period of probation with strict conditions, a victim fine surcharge, a weapons prohibition order, an order allowing the police to collect and store your DNA on the national DNA data bank, and an order placing you on the Sexual Offender Information Registry.
At Godinho Zager LLP, our Criminal Lawyers possess extensive expertise in handling all types of Sexual Assault offences and strive to achieve the best possible outcome for clients facing such charges. If you have been charged with a Sexual Assault offence, we encourage you to contact us promptly. We offer a free consultation to discuss your situation and explore the available legal options.
Let us help you!
Contact us now for a free consultation.