Ines Gavran
Toronto Sexual Assault Criminal Defence Lawyer
A person convicted of a sexual assault may be sentenced to imprisonment
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Consult with Criminal Defence Lawyer in Toronto
Criminal Defence Lawyer sexual assault charges – Toronto, Brampton, Mississauga, North York
Sexual assault is a serious form of assault under the Criminal Code. Depending on the circumstances of the case, a person convicted of a sexual assault may be sentenced to imprisonment, lengthy probation order and will be ordered to provide their information to the police for the purposes of the Sexual Offender Information Registry Act.
Sexual Assault
Criminal Code
What is Sexual Assault?
Sexual assault is an assault on a person of a sexual nature in a way that violates their sexual integrity. A violation of sexual integrity is largely based on the facts of the case and can encompass many situations. The Court will look at all relevant factors, such as the parts of the body that was touched, the nature of the contact, the words and gestures exchanged between the accused and the complainant, and the circumstances of the alleged incident. In the same manner, a person in a relationship can be accused of sexual assault on their romantic partner. At any point, a romantic partner can refuse to give consent to any sexual contact during the relationship. There are several defences for sexual assault. If the allegations never happened in the first place, you cannot be found guilty of sexual assault. One of the defences that can be advanced, depending on the circumstances, is honest but mistaken belief in consent. What needs to be shown is that the person charged took all the “reasonable steps” to ascertain consent and must believe that the complaint communicated her/his consent to engage in the sexual activity in question.
Punishment for Sexual Assault and Related Penalties
Sex Offender Information Registration Act
Where the Crown proceeds by way of indictment, a person is liable for up to ten years in prison. Where the Crown proceeds summarily, a person can be sentenced to a maximum of 18 months of imprisonment. If you are found guilty of sexual assault, you are automatically subject to a Sex Offender Information Registration Act (“SOIRA”) order. This means that you must provide your information to the National Sex Offender Registry, a database maintained by the RCMP and accessible by all accredited Canadian police agencies which allows the police to investigate and prevent crimes of sexual nature. The public does not have access to the National Sex Offender Registry. The database will contain your name, date of birth and current address, a current photograph and identifying marks, vehicle information and driver’s license, employment information and address, passport information, and sexual offence(s) for which the person has been convicted. The duration of the SOIRA order is either 10 years, 20 years, or for life depending on factors such as the maximum penalty for the offence committed.
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 sexual assault, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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