SEXUAL ASSAULT & HISTORICAL SEXUAL ASSAULT
What Constitutes Sexual Assault?
Sexual assault encompasses any non-consensual sexual contact, ranging from unwanted touching to serious acts like rape. The offense includes any sexual natured physical contact without consent.
Distinguishing Sexual Assault from Regular Assault
For an act to qualify as sexual assault, there must be a sexual aspect to the physical contact. Courts consider circumstances and body parts involved. Sexual contact without consent, especially involving sex organs, is a sexual assault. The accused need not derive sexual pleasure for it to qualify.
Elements for Conviction
To secure a conviction, the Crown Prosecutor must prove lack of consent. The complainant must be capable of giving consent, which must be freely given. For instance, consent cannot be given if a person is too intoxicated to comprehend.
Mistaken Belief in Consent
An honest but mistaken belief in consent can be a defense. However, this defense is limited, requiring the accused to take reasonable steps to confirm consent, ruling out implied consent in Canadian law.
Penalties for Sexual Assault
Penalties for sexual assault vary, including probation to lengthy jail terms. Major sexual assaults entail specific sentences. In Alberta, a major sexual assault garners a starting point sentence of three years for first-time adult offenders.
Other Sexual Offenses in the Criminal Code
- Sexual Interference & Invitation to Sexual Touching: Criminalizing sexual contact with minors.
- Sexual Exploitation of a Minor or Person with a Disability: Covers exploitative relationships.
- Incest and Bestiality: Prohibits sexual relations with close relatives or animals.
- Voyeurism: Criminalizes clandestine observation or recording.
- Child Pornography: Bans making, distributing, or possessing child pornography.
- Luring: Makes it illegal to solicit minors online for sexual acts.
- Indecent Acts: Prohibits public indecency and exposing genitals to minors.
Sex Offenders Registry in Canada
Established by the government, the Sex Offenders Registry tracks convicted sexual offenders. Offenders must register annually, providing relevant information, monitored by law enforcement.
Legal Counsel in Sexual Offense Cases
If facing allegations or investigations related to sexual offenses, consulting a lawyer is crucial. Legal advice ensures protection of rights and understanding of the legal implications.
For further assistance or representation in sexual assault cases, individuals can contact experienced criminal lawyers at Smyllie Law for comprehensive guidance and support.
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