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?
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
- What is sexual interference and invitation to sexual touching?
- What are the best defences to sexual interference and sexual touching?
- What is child luring?
- What are the best defences to child luring?