Throughout Canada, sexual assault is treated as an extremely serious offence and charges are vigorously prosecuted by authorities. Sexual assault charges generally carry severe penalties, with many sex offences in the Criminal Code carrying minimum mandatory jail sentences upon conviction. Not only is prison a likelihood, but registration on the Sexual Offender Registry is mandatory, and other orders such as providing the authorities with a sample of your D.N.A. and firearms prohibitions are the norm.
In you’ve been charged or even just accused of sexual assault, that alone can be enough to permanently damage your reputation and cause havoc in your personal and professional life, whether or not the allegations are true or whether or not you are convicted.
Given the severe consequences of a sexual assault charge and possible conviction, you should contact a criminal lawyer immediately if you’ve been accused of sexual assault. The certified specialists in criminal law at the Barrie, Ontario law firm Cugelman & Eisen can help you through the often overwhelming experience of a criminal proceeding. They are exceptional criminal defence lawyers who regularly deal with sexual assault cases, and they can help you navigate the process and choose the best strategy to defend yourself against these serious charges.
As set forth in Section 265 of the Criminal Code of Canada, sexual assault is any touching of another person without their consent where the touching is of a sexual nature, or where the sexual integrity of the alleged victim is violated. In order to determine if an assault was sexual in nature, a court may consider the parts of the body that were touched, the nature of that contact, the situation in which it occurred, and any words and gestures accompanying the act. The motives of the accused may also be taken into consideration.
Consent — the voluntary agreement of both parties to engage in sexual activity – can be a determinative factor in deciding whether a sexual assault took place. Consent can be a complex legal question that hinges on many issues with regard to the words and conduct of the parties, including whether the complainant was incapable of consenting to the activity (for example, due to intoxication or mental illness); whether the complainant was induced into the activity through the misuse of power or authority; whether the complainant expressed a lack of agreement; whether all reasonable steps were taken by the accused person to confirm consent; and whether the complainant was under the age of consent.
Skillfully navigating the procedural and evidentiary rules and understanding the law of sexual assault is essential for an effective defence, and Cugelman & Eisen have the depth of experience defending sexual assault charges to ensure you receive the best possible chance of a positive outcome. If you are facing sexual assault charges, the stakes are high; hiring an experienced criminal lawyer like those at Cugelman & Eisen is always the best step you can take to ensure that your rights are protected and you get the advice you need.
The certified specialists in criminal law at Cugelman & Eisen have more than 60 years of combined experience in criminal defence, having prepared and argued cases successfully at all levels of the Ontario court system. They have built their practice on hard work, clear communication with clients, and an unwavering dedication to excellence in the field of criminal defence; today, Cugelman & Eisen is one of the most highly regarded law firms in the Barrie area. They provide exceptional criminal defence in all types of cases, including impaired driving, domestic and sexual assault, property offences, youth offences and more. Bernard Cugelman and Mitchell Eisen stay abreast of the latest developments in Canadian criminal law, which allows them to provide the most effective defence for every client. They can assist you through every phase of your criminal case, from police investigations, bail, and pre-trial hearings to trials, plea negotiations, and appeals. The law offices of Cugelman & Eisen are located at 89 Collier St. Suite 100, Barrie, Ontario L4M 1H2. Call them at (705) 721-1888 to discuss your case.