Sexual Assault
Incest (s. 155) Charges in Canada: Offences, Defences, Punishments
What is Incest? Incest is an offence under Section 155 of the Criminal Code of Canada. This section makes it an offense to, knowing that another person is by blood relationship, a parent, child, brother, sister, grandparent, or grandchild, as the case may be, has sexual intercourse with that person. This section of the criminal code ultimately criminalizes sex between relatives. The law ...
Revenge Porn in Canada: Is posting revenge porn a crime?
What is revenge porn? Through the past decade and into recent years, the evolution of the smartphone and associated technology has simplified the facilitation of dissemination of information and photographs, and privacy and consent concerns have frequently been raised before the courts. This includes the unwanted distribution and dissemination of intimate photographs, and persons doing so for an unlawful, and in some cases, ...
Solicitation (s. 213) Charges in Canada: Offences, Defences, Punishments
What is Solicitation? Solicitation is covered under s. 213 of the Criminal Code. In Canada, solicitation refers to the act of trying to stop, impede, and/or communicate with someone in order to offer/sell/provide sexual services. This communication can be in general terms and does not need to describe specific sexual acts or money. The courts rely on the context of the situation in ...
Sexual Assault (s. 271) Charges in Canada: Offences, Defences, Punishments
What is Sexual Assault? Sexual assault is covered under s.271 of the Criminal Code. Canada has a broad definition of sexual assault as sexual assaults can encompass a variety of sexually related charges such as those that involve the use of violence or a weapon. Generally speaking, sexual assault includes all unwanted sexual activity. There are three levels of sexual assault: general sexual ...
What are the best defences to a sexual assault charge?
The best defence to a sexual assault charge depends heavily on the circumstances of your case. However, two common defences to an allegation of sexual assault are (1) that the complainant consented to the act in question, or (2) that you held an honest but mistaken belief that the complainant had consented to the act. Because the Crown Prosecutor must prove beyond a reasonable doubt ...
What should I do if I have been falsely accused of sexual assault?
If you have been falsely accused of sexual assault, you should immediately seek the assistance of a criminal defence lawyer. Unfortunately, many people mistakenly believe that if there is no direct evidence against them that they cannot be convicted of sexual assault, so there is no reason to be worried about the charges. This is simply not true, particularly in cases where there is very ...
What does consent mean?
For the purposes of this offence, consent refers to the complainant’s voluntary agreement to participate in the act in question. In Canada, the age of consent to sexual activity is sixteen, but a person cannot consent to sexual activity with someone who is in a position of trust or authority over them until they are 18 years old.In order for consent to be legitimate it ...
What is sexual assault?
Sexual assault is any form of sexual conduct that takes place without both parties’ consent, and that results in a violation of the complainant’s sexual integrity. Contrary to widely accepted belief, sexual assault is not limited to nonconsensual intercourse. It also includes non-consensual fondling, touching, or kissing, and in some circumstances, actions that do not really seem sexual in nature. In fact, it is not ...
