You have been charged with sexual assault. What can you expect?
Sexual assault is an offence that covers a wide range of behaviours involving non-consensual touching of a sexual nature. Depending on the specific circumstances, the sentence resulting from a conviction can range from no time in custody at all to life imprisonment. To receive more detailed legal advice regarding your charges, you should contact Collett Read LLP to retain us as your legal representatives.
Charges and sentencing
If you are convicted of sexual assault, you will be registered on the national sex offender registry. The duration of the court’s order that you comply with the national sex offender registry will depend on the specific sexual assault offence you are charged with and, if applicable, whether the crown elects to proceed summarily or by way of indictment. If you are convicted summarily, you will be ordered to comply with the national sex offender registry for 10 years. If you are convicted for a version of the offence where the maximum penalty is 10 or 14 years, you will be ordered to comply for 20 years. If you are convicted for a version of the offence where the sentence is life imprisonment, you will comply for life.
Reporting
If an order is made against you, you must report to a registration centre in person within seven days. When you report, you must provide a wide variety of personal information, including your name, date of birth, the address of your main residence, where you work, a telephone number, your physical description, vehicle information, passport information, etc. You must also report within seven days if there are any changes to this information and at least once a year. You must also report any necessary information if you leave the country.
Termination of order
You may also apply to have the order terminated in these circumstances:
- After five years, if you were convicted summarily
- 10 years if you were convicted for a version of the offence where the maximum penalty is 10 or 14 years
- 20 years if you were convicted for a version of the offence where the maximum sentence is life imprisonment
How can you protect yourself against sexual assault allegations?
There are some actions that you can undertake pre-emptively when engaging in sexual activity to avoid allegations of sexual assault. For example, you should always obtain clear, communicated consent from any partner with whom you engage in sexual activity. Implied consent is not a defence to sexual assault in Canada, so consent must be expressly obtained and freely. This means that no force, fear, threats, fraud, or exercise of authority can be used to obtain consent. In addition, consent must be provided throughout every phase of sexual activity and while the person is conscious of consenting.
Actions after being found innocent
If you are found innocent, it may be possible to press charges against your accuser for defamatory libel if they published their allegations. If you wish to press charges, you should contact the police. It is also possible that you will be able to sue them for libel or slander. Our firm does not handle civil litigation, so we will not be able to help you with any lawsuits you wish to pursue.
What to do if a sexual assault allegation has been made against you
Speak to a lawyer
If an allegation of sexual assault has been made against you, you should ensure that you do not talk to the police before speaking to a lawyer. If you are arrested, you have the constitutional right to remain silent. You should remain silent whether you are innocent or not, as you may accidentally say something that hurts your case. You also have the right to retain and instruct counsel without delay. It is imperative that you exercise this right and contact a defence attorney as soon as possible so that they can help you navigate the criminal justice system and obtain the best possible outcome.
Avoid contact with the complainant
You should also avoid making any form of contact with the complainant, especially in a threatening or violent way. Any acts of violence or threats are likely to result in criminal charges. If you absolutely must communicate with the complainant for reasons outside of your control, try to ensure that it is done in writing, such as through texts or emails, or with a third party if you must speak in person. In either case, be extremely careful what you do or say so that it cannot be used against you in court. It is imperative that you not let your emotions get the best of you and do or say something that you will regret.