Allegations of sexual assault are extremely serious and can have a long-lasting impact. Whether you are guilty or not, if you are charged with sexual abuse, you risk being sentenced to jail time and being listed as a sex offender.
You’ll need the assistance of a knowledgeable Toronto sexual assault lawyer if you’re involved in a case of this nature.
In contrast, if you have been the victim of an assault that was sexual, your sexual assault lawyer will ensure that you are not left wondering if your assailant will be free to harm you or others again. Having a skilled legal team working on your sexual abuse case can mean the difference between receiving a sentence that you do not deserve and being exonerated of false accusations.
What exactly constitutes Sexual Assault?
Because there are so many diverse acts that can be categorized as sexual abuse, the penal code does not provide a particular definition of sexual abuse or assault. Although this phrase is frequently used to describe inappropriate sexual contact, there is another legal name for this type of interaction.
Sexual contact is subject to a number of legal prohibitions in Canada. It is forbidden for anyone under the age of sixteen to consent to have intercourse with an adult, according to the first of these limitations. Only circumstances in which kids of comparable ages interact with one another constitute exceptions.
In Canada, all non-consensual sexual actions are classified as assault rather than having a single charge of rape. Sexual activity is only permitted in Canada with both parties’ consent and is defined by law to include unintentional touching and threats. Also, it is prohibited for anyone to consent to sexual conduct in advance if they are unconscious or to any action that will endanger their physical safety.
There are other ways to charge sexual abuse, such as assault while using a weapon and sexual assault while intentionally causing physical injury. When the conversation that preceded the assault has an impact on the charges, aggravated assault allegations are also a possibility. In rare instances, deception or the use of power to get intimacy can also be connected to this type of assault.
What Severity Categories and Penalties apply to Sexual Assault?
Under Canadian law, there are many categories of sexual assault penalties. These assault categories are used to categorize the types of assaults that have taken place and to help establish the appropriate amount of punishment to apply in each situation.
Level I
This is a sexual assault in which the victim’s sexual integrity is compromised. Minor wounds to the victim may also be a part of this.
Level II
Attacks that involve a weapon or cause physical injury fall under this category.
Level III
A level three assault charge covers this type of assault that left the victim injured, maimed, or disfigured. There was a chance that the person’s life was at risk.
For those who sexually assault a youth under the age of 16, the normal minimum term is 14 years in prison, regardless of the severity of the crime. The jail term for levels 1 and 2 of sexual assault is frequently thought to be this one, however, when a level 3 offence has happened, the maximum punishment is nearly always obtained.
What types of Sexual Assault Allegations could be brought against me?
According to Canada’s Criminal Code, there are three basic types of sexual abuse. The fundamental components of sexual assault are laid forth in Section 256 of the Criminal Code of Canada. How the Prosecution decides to present the case against the accused will depend on the intensity of the touching and the surrounding circumstances.
The following are the three classifications of cases of Sexual Abuse:
Sexual Assault with Physical Contact
Any form of enforced sexual activity or non-consensual physical contact with the intention of sexual intercourse, such as fondling, kissing, touching, or sexual relations, is considered the first level of sexual abuse under the Criminal Code of Canada.
Sexual Assault with Physical Contact
Sexual assault without physical contact is defined by the Criminal Code of Canada as sexual abuse in which the aggressor threatens the victim’s friends or family, employs a weapon or makes a threat to use one, causes bodily injury to the victim, or assaults another person.
Aggravated Sexual Assault
Aggravated sexual abuse is defined by the Criminal Code of Canada as sexual abuse that threatens the victim’s life, injures, maims, or disfigures the victim. Sexual abuse may also be connected to incidents in which perpetrators force a victim into a sexual encounter by deception or abuse of power.
Why is vital to consult with Expert Sexual Assault Lawyers?
Charges of sexual abuse are quite serious, and they may affect your ability to live and work in particular locations in the future. Be sure you are not wrongfully sentenced to jail time and listed on the sex offenders registry if you have not truly committed the sexual abuse for which you have been charged.
Collaborate with Kisel Law to gain access to a knowledgeable legal team that is familiar with sexual abuse cases. For the greatest outcome, it is essential to handle these types of matters carefully from beginning to end throughout the whole legal procedure.
If you’ve been charged with sexual abuse you didn’t commit, get in touch with us right away for a consultation. In the event that you are falsely accused of sexual abuse, our criminal defence lawyer at Kisel Law can assist you in defending yourself and preserving your future freedom to work and reside wherever you like. Your sexual assault case’s success depends on working with a knowledgeable attorney.
To schedule a free consultation and get the assistance you require for your sexual abuse case, call us at (289)-835-3465 right away.