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Sexual Assault - Cugelman & Eisen

In Barrie and across Canada, sexual offences are treated extremely seriously and 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. In many cases, the simple accusation of a sex crime is enough to permanently tarnish a person's reputation, whether or not the allegations are true.

If you have been accused of a sexual assault, you should contact a criminal lawyer immediately. A criminal proceeding can be a bewildering, overwhelming experience. It is foolhardy to think that it is something you can deal with on your own. You need the assistance of highly competent criminal defence counsel who has extensive knowledge of the law and experience with the system. Criminal law attorneys regularly deal with cases like yours, and can help you navigate the process and choose the best strategy to defend yourself against these serious charges.

Understanding Sexual Assault Charges

First, a few basics: What is sexual assault? How is it defined? Definitions of sexual assault are laid out in Section 265 of the Criminal Code of Canada. Simply put, 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.

In many sexual assault cases, the court may need to consider whether or not the sexual activity was consensual. Consent is the voluntary agreement of both parties to engage in an activity. 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.

If a defendant is found guilty of a sexual crime, 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. If you are facing sexual assault charges, the stakes are high; hiring an experienced criminal lawyer is always the best step you can take to ensure that you get the advice and protection you need.

Cugelman & Eisen: Barrie Criminal Lawyers Who Will Fight For You

The legal team at Cugelman & Eisen has 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 work in all areas of criminal defence and handle all types of cases, including impaired driving, domestic and sexual assault, property 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, or they can be reached by calling (866) 715-9413.