Sexual assault is a very broadly defined offence that can include anything from rape to unwanted, unsolicited or uninvited touching of a sexual nature such as the proverbial stolen kiss or grabbing a person’s breasts, genitals or buttocks. The Criminal Code (Section 271) defines sexual assault as any non-consensual touching or other physical contact between two people that is sexual in context.
If you have been accused or charged with a sexual assault in Hamilton, in Toronto or throughout Ontario, you need a criminal lawyer who can help increase the odds of winning your case. You should speak with a criminal lawyer experienced in sexual assault cases before speaking with the police about any allegation of a sexual assault as anything you say can be used later should you be charged.
In most instances, once the police have received a complaint of sexual assault, criminal charges are laid. With years of related professional experience, the criminal defence lawyers in Hamilton have successfully handled a large number of sexual assault cases throughout Ontario including Hamilton, through the legal process at the Ontario Court of Justice and Superior Court of Justice in Ontario.
Sexual Assault And Consent
In order to obtain a conviction of sexual assault, the Crown must prove that the complainant did not consent to the sexual contact. The complainant must be capable of consenting to the sexual contact, and consent must be freely given.
According to the Criminal Code, generally, the age of consent is 16 years of age in Canada, meaning that once a person turns 16, they are legally old enough to consent to sexual contact with someone else.
Consent, however, varies and is dependent on age.
For example, for a youth aged 12 or 13, they can legally consent to sexual contact with another youth who is less than two years older than they are, as long as the other person is not in a position of trust or authority towards them specifically; is not someone with whom they are in a dependent relationship; or the relationship is not exploitative towards them.
For a youth 14 or 15 years of age, they may legally consent to sexual contact with someone who is less than five years older than they are, as long as the other person is not in a position of trust or authority towards them specifically; is not someone with whom they are in a dependent relationship; or the relationship is not exploitative towards them.
Also, if a youth of 14 or 15 years of age is legally married, he or she may consent to sexual activity with their spouse.
We have specialized criminal attoneys who have experience in litigating various types of sexual assault cases. Since these cases are always highly specific and usually quite complex, individual approach is paramount. This is what makes us stand out. Each case receives all the required attention and work. With perseverance and flexibility, we provide the best legal defence and rights protection to our clients. This has resulted in an exemplary record of achievement. We believe that with deep knowledge, expert skills and strong preparation, we can deliver the best outcome for each and every one of our clients.
There are two very important aspects of sexual assault allegations. The first one is the social stigma. People with such charges may receive restrictions to using cell phones and the internet. In some cases, the accused may lose their job or grow apart form their family. It is important to note that conviction may result in jail time and will lead to inclusion in sex offender registries. Given all this, it is essential that you turn to best Sexual Assault Lawyer in Hamilton to receive help. The job of your counselor and our whole team is to provide full legal help and all the support that you require to go through this difficult period in your life.
The second aspect has to do with the complexity of such cases. The aspect of consent requires careful studying as it may get different interpretations depending on the circumstances. Scientific and medical evidence including genetic samples may be involved. Your lawyer will work with experienced experts in these and all other specialist fields to build a strong defence case for you.
It all starts with full legal advice intended to clarify the situation for you and to make the best decision regarding your representation. When you choose Sexual Assault Lawyer in Hamilton, you will be in good hands. You will receive legal representation at all stages of the legal process starting from the bail hearing. Your counselor will start studying your case right away. This involves everything from examining the evidence and reviewing any available witness testimonies to interviewing different specialists. The analysis of the information is used for developing a complete strategy for your defence. It will be based on the best legal instruments available and provide for all challenges that may arise.