Sexual Assault essentially means any touching of a sexual nature without consent.
It is disturbingly easy for an individual to be charged by the police with this inflammatory offence. This is particularly troubling when you consider the stigma that the charge carries and the potential sentences that can be imposed.
The current Criminal Code stipulates that an individual convicted of sexual assault in relation to a complainant under the age of 16 years old will receive a mandatory minimum jail sentence. (There may be exceptions if the offence date is before the mandatory jail sentences came into effect.) Also, sentences usually require a DNA sample and inclusion on the sex offender registry.
The Criminal Code specifically states:
Sexual assault
271. Everyone who commits a sexual assault is guilty of
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(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.
Our Criminal Defence Lawyers have successfully defended individuals charged with sexual assault.
Contact us for a consultation.