Sexual assault occurs when a victim is forced, coaxed, or manipulated into any unwanted sexual activity. It involves touching of a sexual nature without consent but actual touching is not required. In most parts of the world, including Canada, it is regarded as a severe crime with stern legal measures.
Depending on the nature, severity, and circumstances of the offence, penalties may range from heavy fines to putting the offender behind bars. What’s more, if the accused is proved guilty, they can face further consequences like removal from public office, losing their job, a tarnished reputation, or loss of self-esteem. In certain cases, they may also be prohibited from obtaining a licensed gun or leaving the country.
With so much at stake, it’s important to have good information about sexual assault charges and how to defend against them.
Crimes of a Sexual Nature: 4 Types
Here, we discuss some effective defence strategies for sexual assault charges. But, first, let’s examine some of the most common types of sexual offences.
1. Child Sexual Abuse
Child sexual abuse refers to any sexual activity with a child by a parent, another adult, or someone who is older or more powerful than the child. This abuse can be physical, verbal or emotional, and include indecent acts such as:
- Intimate touching/caressing
- Exposing the child to pornography
- Taking pornographic pictures of the child
- ‘Peeping’ at the child
- Exposing oneself in front of the child
- Attempting/performing oral, anal, or vaginal penetration.
2. Sexual Interference
Under Section 151 of the Criminal Code of Canada, sexual interference occurs when someone, directly or indirectly, touches any body part of a person under 16 years old with sexual intent. As such, the prosecution has to prove that the touch was intentional and the accused must have intended sexual relations with the alleged victim. This will depend on certain factors such as the circumstances of the crime, the nature of the contact, the body parts involved, gestures made, and words exchanged.
3. Sexual Exploitation
Sexual exploitation is an act or a number of acts committed through non-consensual abuse or exploitation of another individual’s sexuality for the purpose of sexual pleasure, financial gain, or any other personal benefit. It is typically committed by a person in authority over a young person who is between the ages of 16 and 18. Such criminal charges sometimes originate from non-consensual sexual relationships involving coaches, caregivers, and teachers of children younger than 18 years of age.
How to Defend Yourself Against Sexual Assault Charges
- Do Not Talk to the Police
Being falsely accused of sexual assault is frightening, but the Canadian Charter of Rights and Freedoms offers protections.
Under Section 7 of the Charter, you have the right to remain silent. Also, Sections 10(a) and 10(b) require the police to advise you of the reason for your detention and your right to counsel. This means you don’t have to speak to a police officer or any other person in authority if you don’t want to.
Remember, even if you are innocent, there are significant risks to speaking without counsel present. This constitutional provision protects your autonomy and personal legal rights from the actions of the government. It is based on the presumption that all individuals are innocent until proven guilty. If this right is violated by a law enforcement officer, the trial judge may exclude the evidence or testimony obtained under such circumstances.
- Talk to a Sexual Assault Lawyer
Not everyone accused of a sexual crime is guilty, and false accusations do happen. Misunderstandings and mistakes are made and the wrong person is charged as a result. Sometimes the victim didn’t get a good look at their alleged attacker. In some cases, the complainant may not be able to clearly identify their assailant and end up accusing the wrong person, with the case being one of mistaken identity. False allegations may also arise from extramarital affairs as a ploy to extract money from the accused.
Your criminal defence lawyer will investigate the case, including the accuser’s background, their relationship with you, and other relevant details to defend you against the charges. Without a legal professional by your side, you can fall prey to false accusations. Remember, a just and detailed investigation can mean the difference between conviction and acquittal. Your lawyer will act promptly to speed up proceedings so your accuser has less time to strategize and strengthen their case against you.
Sex crime charges are some of the most serious. Your rights, reputation, and freedom are at stake, as a conviction will brand you as a sex offender. So, whether you’re being investigated or arrested for a sexual assault charge, hire a lawyer who understands the complexities of Canada’s sexual offence laws to provide you with the best defence.