There are a number of offence that
fall under the general category of sexually based offences. This
area of offences is often extremely complex with various motives
needing to be explored. It is not unusual for these types of
charges to be tied up with ongoing family court matters.
Is an assault
that is committed in circumstances of a sexual nature such as to
violate the sexual integrity of a person. The test of a sexual
nature is an objective test based on the particular
circumstances of the incident. Groping and grabbing can
constitute a sexual assault as can kissing someone against their
will. It is the absence of consent which makes an act illegal
for simple assault matters.
aggravated assault, aggravated sexual assault involves the
wounding, maiming, disfiguring, or endangering of life of
another person while committing a sexual assault.
touching, directly or indirectly, for a sexual purpose, with an
object or any part of their body any part of the body of a
person under the age of 16. There are specific age qualifiers
with this offence which may provide a defence. As this is a
specific intent offence intoxication may also provide a defence.
This offence has a mandatory term of imprisonment attached to
any finding of guilt (14 days if proceeded summarily and 45 days
if proceeded by indictment). The age requirement for this
offence was recently increased to age 16 from 14.
Is, for a
sexual purpose, inviting, counseling, or inciting a person under
the age of 16 to directly or indirectly, with a part of the body
or an object, the body of any person, including the body of the
person who invites, counsels, or incites and the body of the
person under 16. This offence also carries the same mandatory
minimum sentences as the offence of sexual interference.
sexual offences typically involve mandatory minimums requiring a
term of incarceration. This is the same for offences related to
child pornography. A conviction for these types of charges will
also almost always end up with a mandatory entry on the sexual
It is vital
that if you have been charged with a sexually based offence that
you consult with an experienced lawyer as soon as possible.
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