Sexual assault, is a type of assault which violates the sexual integrity of a complainant. In plainer language, sexual assault is the application of force in a sexual nature, without consent. Judges and Crown Prosecutors take sexual assault extremely seriously.
Consent
Consent is a very complex concept in law and contrary to popular belief, the law does not recognize the defence of implied consent. Instead, there must be actual consent. While consent may be withdrawn at any time, you may be surprised to hear that the law does not require a complainant to express their lack of consent or their revocation of consent.
In some situations, it is impossible to give legal consent. For example, a minor may wish to engage in sexual activity, but they may be younger than the legal age of consent. The law also does not recognize advance consent made by an unconscious individual, as they are incapable of revoking the consent.
While alcohol does not automatically remove, or “vitiate” consent, extreme intoxication may remove the ability of someone to legally consent to sexual activity. Consent may also be impossible due to power imbalances between the accused and the complainant, although this is not automatic and very fact dependent. Fraud may also vitiate consent.
Needless to say, understanding the legal intricacies of consent is a complicated process. If you have been charged with sexual assault, Mr. Y Rory Ziv is happy to speak to you about your matter. Our offices can be reached at 780-686-7948.
When You Are First Charged
What you can expect will depend upon the age of the complainant (the alleged victim). If the complainant is over sixteen years old, you may be given an appearance notice instead of being formally arrested. Even if you are not arrested, the receipt of the appearance notice or summons indicates that you have been charged with an offence and you will need to attend court as required.
If the complainant is under 16, however, you will be arrested and brought before a judge or justice to have a bail hearing.
Release Conditions
If you are released from police custody, you will likely be required to follow certain conditions, such as not contacting the complainant or not attending a certain address (such as where the alleged offence occurred).
What You Can Expect
Facing a sexual assault charge can be frightening and extremely challenging without assistance. Due to the sensitive nature of the offence, parliament has put certain restrictions on self-represented accused’s. As such, defending a sexual assault charge is an extremely challenging and complicated situation. Mr. Y Rory Ziv will assess the case against you and will work with you to obtain the best possible result, whether that is a reduction at sentencing if convicted, a withdrawal of the charge, or even a full acquittal at trial.
Sentencing
Sentencing is unique and takes into a number of factors.
Sexual assault is actually captured in a number of different offences and what you have been charged with will impact what sentencing options are available to you. For more information, feel free to contact us at 780-686-7948.