Sexual Offences

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.

Sexual Assault

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 Sexual Assault

Similar to aggravated assault, aggravated sexual assault involves the wounding, maiming, disfiguring, or endangering of life of another person while committing a sexual assault.

Sexual Interference

Is the 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.

Invitation to Sexual Touching

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.

Sentencing

Sentencing for 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 offender registry.

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.

RETURN TO CRIMINAL OFFENCES

 

  DISCLAIMER: The information on this site is not intended as legal advice. If you have a legal problem, you should seek legal advice from a lawyer.

 

Copyright 2009 Brendan Neil

Providing Criminal representation in south central Ontario including; Oakville, Burlington, Milton, Brampton, Mississauga, Hamilton, Toronto, Guelph, Kitchener, Waterloo, Cambridge, and surrounding areas for all Criminal Code and Controlled Drugs and Substances Act Offences

Brendan Neil, Criminal Trial Lawyer, Sexual Offences
Certified by the Law Society of Upper Canada as a Specialist in Criminal Law

murder manslaughter assault firearms possession theft kidnapping forcible confinement breach dangerous driving impaired sexual assault interference fraud homicide bail hearing trial jury judge weapon aggressive aggravated experienced best defense sentence attorney mischief not guilty acquittal charter rights youth young offender juvenile self defence forgery arson prohibited weapon motor vehicle refuse