The crime of sexual assault is defined as an attack of a sexual nature that violates the sexual integrity of the victim. The assault, as held by the Supreme Court of Canada, is not entirely dependent on physical contact with any particular part of the body. The main focus is whether the assault was of a sexual nature that compromised the victim’s sexual integrity. There are certain elements to consider when investigating a case of sexual assault: An affordable sexual assault lawyer can further explain this by contacting our office at any time.

  • The nature of the physical contact
  • The body part and region that was touched
  • The factual situation leading up to the sexual assault and during same
  • Whether there were gestures or words that accompanied the assault
  • Whether there were threats that may or may not have been combined with force
  • Other relevant circumstances involved in the assault

Aggravated sexual assault occurs when the assailant, when committing the sexual assault, maims, disfigures, wounds or puts the life of the victim in danger.

If you are facing charges of this nature, having an aggravated sexual assault defence lawyer representing you is vital.

Types of Sexual Assault Charges. Explained By Affordable Sexual Assault Lawyers

The Definition of Sexual Assault in Canada’s Criminal Code

Canada’s Criminal Code does not explicitly mention “rape”. Instead, it defines assault and includes a specific provision for “sexual assault”. The definition of assault encompasses physical contact, threats, and acts involving weapons. This means that a person can be convicted of sexual assault even if they only threatened to commit the act. The interpretation of these provisions may vary, so it is best to consult a local Crown Attorney for guidance.

It’s worth noting that the Criminal Code also includes other sexual offences such as sexual exploitation, invitation for sexual touching, child pornography, and voyeurism. Depending on the circumstances, an individual charged with sexual assault may face additional charges.

Understanding Consent in Sexual Assault Cases

Consent is a crucial issue in many sexual assault cases. The determination of consent is made by the court based on both the facts and the law. There are no hard and fast rules for defining consent, but the Criminal Code specifies certain situations where consent cannot be obtained. These include situations where force is applied, threats are made, fraud is involved, or authority is abused.

When alcohol or drugs are involved, establishing consent becomes more complicated as it raises questions about the victim’s capacity to provide consent. The court will carefully review all the evidence to make a determination.

Another aspect to consider is whether the accused reasonably believed that the victim had given consent. The Criminal Code instructs the court to consider the “reasonable grounds for the accused’s belief”. This subjective question leaves little guidance for establishing criteria.

Ultimately, consent is evaluated based on the totality of the circumstances. There are no specific words or actions that automatically determine consent. The court primarily relies on the testimonies of the victim and the accused to assess credibility and make a decision.

Sentencing for Sexual Assault Offenders

The severity of the sentence for convicted sexual assault offenders depends on the circumstances and the accused’s prior criminal history. The Crown Prosecutor decides whether to pursue summarily or by indictment. Summary conviction results in a less severe punishment compared to indictment. The Criminal Code outlines the possible sentences for sexual assault, ranging from imprisonment for up to ten years for an indictable offense to imprisonment for up to eighteen months for a summary conviction.

Police investigate all aspects of sexual assault. If arrested make sure to find a affordable sexual assault lawyer to help you. Work with a Knowledgeable, Affordable Sexual Assault Defence Lawyer in Toronto, Kitchener, London or Windsor – START FROM HERE 

The prosecution of sexual assault is complicated due to the many legal issues that surround these types of cases, such as:

  • Whether consent was given
  • Whether the accused genuinely believed consent was given (i.e., honest but mistaken belief in consent)
  • The presence of any prior or subsequent sexual acts that can be used in court
  • The actual age of the alleged victim
  • The accused’s belief regarding the alleged victim’s age
  • Whether alcohol or drugs were involved (under the Criminal Code, a person cannot give consent if he or she is extremely drunk, asleep, or unconscious.)

Fight for Your Rights with a Knowledgeable Sexual Assault Defense Lawyer

Sexual assault cases often involve complex legal issues. From issues of consent to mistaken beliefs, the defense requires expertise to navigate the complexities. Richmond Hill Affordable Criminal Lawyer Plug is experienced criminal defense lawyers are here to help you. We understand the importance of protecting your rights and ensuring a fair trial.


When it comes to Sexual Assault charges, you need to have an experienced criminal lawyer who has handled similar cases before.