Child Sexual Assault

>>>Child Sexual Assault
Child Sexual Assault 2020-02-19T22:01:48+00:00

Child Sexual Assault Lawyer in Calgary

The Charge

Child Sexual Assault Lawyer in Calgary

Crimes against children are treated very seriously in Canadian law and society. It is extremely important you have the help of a sympathetic and seasoned criminal lawyer.

Sexual Interference Offence

This offence has the following elements:

  • Touching the body of a child under 16 years old
  • The touching is done with an object or a part of the accused’s body
  • The touching is done for a sexual purpose

Invitation to Sexual Touching Offence

This offence is made up of the following parts:

  • Asking or inviting a child under 16 years old
  • To touch the body of anyone else
  • For a sexual purpose

As the victim of either of these offences must be under 16 years old, the Crown’s case will usually involve the witness testimony of a person under the age of 18. This in turn triggers a number of special rules with respect to evidence and procedure that can simplify and strengthen the prosecution’s case against you. The list of options that will be available to the crown at your trial include:

  • Letting the witness testify outside the courtroom by television link
  • Letting a support person sit with the witness while they testify
  • Prohibiting the accused from personally asking the witness any questions
  • Playing a video statement made by the witness on a previous date, and letting that statement become evidence

Bail Conditions for Child Sexual Assault Charge

Our experienced Child Sexual Assault Defence Lawyers can help you at this critical stage of the case. In the vast majority of cases, the Crown will seek an order that you be held in custody until your charges are dealt with, unless you have a spotless criminal record.

They also usually ask the judge to place major restrictions on where and when you can move about in public, by asking that you abide by a curfew and stay away from any place kids are likely to be present (for example: pools, playgrounds, public parks, and school grounds). These conditions can be difficult to abide by and cause embarrassment at a time when you are presumed to be innocent.

Let us help ensure the restrictions on your life alter your day-to-day life as little as possible.

Defending Child Sexual Assault Charges

These types of charges are often assigned to the most senior and experienced prosecutors who have considerable skill and solid reputations. During our thorough review of the prosecution’s case against you, we will explore the following key issues with you:

  • When and why did the alleged victim make the allegation against you? Did they have a motive to get you in trouble or deflect blame away from themselves?
  • Is there someone in the alleged victim’s life that is encouraging them to make allegations against you?
  • Does anyone stand to benefit from this accusation being made against you?
  • Did you take reasonable steps to determine the age of the alleged victim?
  • Did the alleged victim mislead you as to how old they were?

The Sentence

These offences come with mandatory minimum jail sentences that were recently increased by Parliament. Depending on when you were alleged to have committed these offences, you may be eligible for a significantly lower minimum jail period. The minimum terms are:

  • Incarceration of 1 year (if the Crown uses the Indictable procedure)
  • Incarceration 90 days (if the Crown uses the Summary Conviction procedure)

These offences carry with them the following possible penalties:

  • A maximum of 10 years in jail
  • National Sex Offender Information Registry of 20 years
  • Probation (3 years maximum)
  • An order that you give a DNA sample to the national DNA databank
  • A prohibition against owning any weapons
  • A prohibition against going near any pool, schoolyard, public park, or any other location where people under 16 years of age may be found

Child Sexual Assault FAQs

  1. What is sexual interference and invitation to sexual touching?
  2. What are the best defences to sexual interference and sexual touching?
  3. What is child luring?
  4. What are the best defences to child luring?

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Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
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I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
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Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
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I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
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22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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