Charges involving sexual assault are taken seriously in Canada. With the law covering a wide range of inappropriate behaviour that could end with someone incurring the charge if they didn’t know any better. If you or know someone who is going through with the allegations, it is best to understand the different levels that come with it. In the same way that seeking advice from a sexual assault lawyer in Vancouver can help you be aware of what you can do to protect your rights.
Understanding Sexual Assault Under Canadian Law
Sexual assault is defined in Canada as any form of unwarrranted sexual act, predominantly without consent. It can and does not have to end with a physical injury. The main determinant is that the contact occurs without the other individual’s voluntary agreement.
The Criminal Code outlines three main categories:
1. Sexual Assault (Level 1)
This level is the most common and envelopes any non-consensual sexual activity, regardless if it is unwanted touching or sexual contact. It does not necessarily have to involve weapons or lead to physical harm. As any action can lead to a charge when deemed by some individuals.
Possible consequences include:
- A criminal record
- Jail time (depending on the case)
- Mandatory registration on the National Sex Offender Registry
- Long-term personal and professional impacts
2. Sexual Assault with a Weapon, Threats, or Causing Bodily Harm (Level 2)
This level applies when the accused:
- Used or threatened to use a weapon
- Caused bodily harm
- Used threats, intimidation, or violence
These cases could lead to higher risks or harm which also means the penalties will be more severe.
3. Aggravated Sexual Assault (Level 3)
Under Canadian law, this is considered to be the most severe category. Assault wounds, disfigurement, or posing a risk to one’s life can all be counted into this level. Incurring this type of sexual assault charge can have you paying a hefty penalty.
Why Legal Representation Matters
Sexual assault cases are complicated, no two case being alike despite having similar instances. That being said, strict rules are imposed so that a due process is followed when reviewing these charges. A sexual assault lawyer in Vancouver will take charge in gathering evidence and cross-examination to properly review the case. They know how to maneuver through the legal system, that way you won’t be left alone in dealing with the charges.
FAQ
1. What happens after someone is charged with sexual assault?
A person facing charges of sexual assault can get arrested or be summoned to go to court. They will then go through a procedure to clear their name.
2. Can someone be charged even if there was no physical injury?
Yes. Injury is not required. The issue is consent.
3. What is considered “consent”?
Consent is willful and voluntary acceptance towards a proposal or desires that come from another individual. It is not considered consent when the person is impaired, intoxicated, unconscious, pressured, and most of all threatened.
4. Will someone convicted of sexual assault appear on the Sex Offender Registry?
Most convictions require registration for 10 years, 20 years, or life, depending on the offence.
5. What should someone do if they are accused of sexual assault?
Do not openly discuss the case with other people. Treat it as a confidential matter and only talk to your lawyer about it.
Seek legal advice if you or know someone who has received charges for sexual assault. Reach out to Tom Doust, a sexual assault lawyer in Vancouver who is well-equipped to deal with cases like these. He is experienced in the Canadian justice system and will help to guide you through this situation.
