What is Sexual Assault
In Canada, allegations of sexual assault are taken very seriously. It's common for criminal charges to be laid once a complaint is filed with the police, and the legal consequences can be severe, including mandatory minimum jail sentences for many sexual offences.
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If you're facing an accusation of sexual assault, it's important that you contact an Experienced Sexual Assault Lawyer right away. This ensures that we preserve all relevant evidence to get you the best possible outcome. This proactive approach is crucial for safeguarding your interests and navigating the legal process effectively.
What Does the Crown Have to Prove to Convict Someone of Sexual Assault?
To prove sexual assault, the Crown must show that there was touching, of an objectively sexual nature, to which the other person did not consent. Sexual assault can happen through a variety of different acts, including kissing, fondling, groping, oral and penetrative sex.
Section 273.1 of the Criminal Code defines “consent” as “the voluntary agreement of the [other person] to engage in the sexual activity in question.” A person cannot consent to sexual activity if they are severely intoxicated, unconscious, asleep or under the age of 16.
There are some narrow exceptions, however, to the rule that someone under the age of 16 cannot consent. For example, according to the “close in age” exception, 12 and 13-year-olds can consent to sexual activity with people who are no more than 2 years older than them. In a similar vein, the “peer group” exception allows 14 and 15-year-olds to consent to sexual activity with people who are no more than 5 years older than them. If you think that one of these exceptions applies, it is crucial that you speak to an Edmonton Sexual Assault Lawyer to appropriately canvass your options.
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