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Sexual Assault - Kruse Law

Sexual Assault is a Serious Offence

Sexual assault is an extremely serious offence throughout Canada for which Crown Prosecutors aggressively seek and obtain convictions. The penalties for sexual assault and other sexual offences can be severe, with many sex offences in the Criminal Code carrying minimum mandatory jail sentences upon conviction. Prison is very much a likelihood, but so is mandatory registration on the Sexual Offender Registry, as well as the entry of other orders restricting certain rights.

Just an accusation of sexual assault can be enough to permanently damage your reputation and ruin your personal and professional life, whether or not the allegations are true or whether or not you are convicted.

Sexual Assault Charges Are Difficult to Defend

Section 265 of the Criminal Code of Canada defines sexual assault as 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 can often a determinative factor in a sexual assault case. Consent is sometimes a complex legal and factual question that is evaluated by considering many factors: 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.

Given the severe consequences of a sexual assault charge and possible conviction, you should contact an experienced criminal lawyer immediately if you’ve been accused of or charged with sexual assault. You need a defence lawyer who regularly deals with sexual assault cases, who can help you navigate the process, and who will work with you to develop the best strategy to defend yourself against these serious charges.

The Kruse Law Firm – Experienced Ontario Criminal and DUI Defence Lawyers

Based in Ontario, the Kruse Law Firm has been providing top tier criminal legal defence for the last 20 years, specializing in criminal law defence but widely acknowledged as one of the leaders in DUI defence strategies.  “Tell us your side – we’ll handle it” is the mantra by which Michael Kruse and his team of legal professionals operate, wanting each of their clients to rest assured that their case is in the best possible hands, and knowing that they will be properly represented when their day in court arrives. Michael Kruse has earned a reputation within the legal community for passion, commitment, and expertise across all areas of criminal law. Call (866) 240-5088 or send an e-mail to defence@kruselaw.ca for a free, no-obligation consultation.