If there is a sexual assault allegation of penetration there is a minimum 3 year (4 years for victims under 18) jail sentence, along with 20 years (or more) on the Sex Offender Information Registry. The charge is very serious and in the current social climate you will need an experienced criminal defence lawyer. Our lawyers have dealt with all forms of sexual assault allegations. We defend you without judgement and we use our knowledge of the most cutting edge law to fight against your sexual assault charge.
There are many types of sexual offences, which reflect the many ways in which people can come into sexual contact with each other. Offences include invitation to sexual touching, sexual exploitation, prostitution, sexual interference, voyeurism, corrupting morals, and child pornography.
For a charge to be considered a sexual assault there must be a sexual component to the incident. Sexual assault is an assault which violates the sexual integrity of a person. To determine if the assault was sexual in nature an objective test based on the particular circumstances of the incident is conducted. Groping and grabbing can constitute a sexual assault as can kissing someone against their will.
Consent must be communicated, ongoing, and voluntary. Consent is required for all sexual acts. The Criminal Code also sets out that consent cannot exist if a person is under a certain age, depending on your age and if there is a position of trust.
What is Sexual Interference?
Sexual Interference is the touching, either directly or indirectly, with an object or any part of the accused persons’ body, any part of the body of a person under the age of 16 for a sexual purpose. This offence has a mandatory term of imprisonment attached to any findings of guilt. The mandatory term of imprisonment is 90 days if proceeded summarily and 1 year if preceded by indictment.
What is Invitation to Sexual Touching?
Invitation to Sexual Touching for a sexual purpose includes inviting, counselling, or inciting a person under the age of 16 to directly or indirectly to touch or be touched with a part of the accused persons’ 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 carries the same mandatory minimum sentences as the offence of sexual interference.
Get Experienced Legal Advice
Sexual offences are extremely serious allegations that can result in life-altering consequences if convicted. Moreover, sexual assault trials are procedurally and substantively complicated. For example, if an accused person wishes to question a complainant on past sexual history, they must first bring a pre-trial application demonstrating the relevance of that information to the Court. There are many more rules, like this one, unique to sexual offences. If you or someone you know is facing a sexual offence charge, we highly recommend getting the advice of experienced defence counsel.
If you have any questions, contact our offices now so we can help address your or your loved one’s legal jeopardy. We are available 24/7. We are strong advocates and we ensure that our clients throughout Alberta are provided with the best defence possible.