Ines Gavran
Toronto Aggravated Sexual Assault Criminal Defence Lawyer
Given the complexity of an aggravated sexual assault case, it is essential that you are represented by a skilful criminal defence lawyer who will strategically prepare your best defence from the moment you are charged
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Preparing a defence in aggravated sexual assault cases is very complex process and requires strategic analysis of the Crown’s evidence. Available defences for an aggravated assault charge depend on the circumstances of each specific case. There may be several legal proceedings that come into play before going to trial, including obtaining medical reports, and having a preliminary hearing to discover the strengths and weaknesses of the Crown Attorney’s case. Given the complexity of dealing with an aggravated sexual assault case, it is strongly encouraged to retain a skilled and detail oriented criminal defence lawyer to provide you with legal representation from the moment you are arrested and charged.
Aggravated Sexual Assault
Criminal Code
What is Aggravated Sexual Assault?
Aggravated sexual assault is one of the most serious forms of sexual assaults. Under section 273 of the Criminal Code, a person commits aggravated sexual assault if they wound, maim, disfigure, or endangers the life of the complainant in the course of committing a sexual assault. For a definition of the terms “wound, maim, disfigure, or endangers life”, see the section on aggravated assault. The Crown must prove beyond a reasonable doubt that the person committed both the acts of sexual assault and the related aggravated assault and that the person had the required intent to commit offences. For example, a person can be charged with aggravated sexual assault if they do not disclose their positive HIV status before having sexual contact.
Punishment for Aggravated Sexual Assault
Aggravated sexual assault carries extremely serious penalties. It ranges between minimum imprisonment of 5 years in prison for the first offence, where the offence was committed while using a restricted or prohibited firearm, and for the benefit of, at the direction of, or in association with a criminal organization. If a firearm is used during the commission of the offence, a person is liable to a minimum punishment of 4 years of imprisonment and a maximum of imprisonment for life. If the complainant was under 16 years of age at the time of the offence, the minimum prison sentence is 5 years. In any other case, the maximum sentence is imprisonment for life. Aggravated sexual assault is a very serious criminal charge. The corresponding punishment carries serious, for life-altering consequences. Many factors come into play at sentencing such as the circumstances surrounding the offence, the circumstances of the victim, and the criminal history of the accused. It is also important to note that if you are convicted of the aggravated sexual assault, you will be subject to a mandatory Sexual Offender Information Registry Act order (“SOIRA”). This means that information such as your name, date of birth, your current photo, your address as well as the sexual offence committed will be added to the National Sex Offender Registry database accessible to Canadian police services.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with aggravated sexual assault, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.