Sexual Assault Lawyer Calgary
A sexual assault allegation has extremely serious consequences on the life of an accused person. You may face social stigma, financial hardship, and immeasurable stress. Our experienced Sexual Assault Defence Lawyers are here to minimize the stress and, more importantly, will prepare a top-notch quality defence so that you do not have to fight this charge alone.
The offence of “sexual assault” has a number of components. It must be proven that:
- You applied force to another person
- That application of force was intentional
- The application of force was without the person’s consent or they were too young to legally consent
- The nature of the touching violated the sexual integrity of the person touched
This definition covers a wide variety of conduct; for example, all the below examples can be prosecuted as sexual assaults:
- An unwanted kiss
- A brief groping overtop of another person’s clothing
- Consensual sexual activity with someone legally too young to give consent
- Disciplining a child by striking the buttocks or genitals
- Sexual activity with someone who is sleeping or unconscious
- Forced intercourse, fellatio, cunnilingus, or digital penetration on a resisting and unwilling person
These offences are often investigated by senior, experienced police officers. Upon your arrest, they may deploy a series of techniques to induce you into giving a statement. DO NOT GIVE A STATEMENT TO THE POLICE.
There is a time and a place for your side of the story to be told. The time is NOT when you re arrested. The place is NOT the police station. Immediately upon being released from custody, record your version of events in as much detail as possible. Do not show your statement to anyone else. Bring it to your free consultation with Michael Oykhman Criminal Defence Law, so that we can immediately start working on your defence.
Bail Conditions for Sexual Assault Charge
In virtually all cases, the Judge or police will impose conditions that prohibit you from talking to, or even going anywhere near, the victim.
Depending on the age of the alleged victim, the Crown or police may ask the judge to impose a condition that prohibits you from contacting anyone under a certain age, or going anywhere near a place where young children may be found (schools, pools, parks, etc.). These conditions have the effect of severely restricting your movements and raising unwanted questions from people in your life.
Our lawyers will work to ensure that the conditions placed on you while your case works its way through the courts alter your life as little as possible. You are presumed innocent, and we will work to ensure your release conditions reflect that.
Defending Sexual Assault Charge
Allegations of sexual assault are also usually prosecuted by senior, experienced government lawyers. It is therefore vital that you have a skilled advocate on your side. The rules of evidence and procedure relating to these charges are very complicated and a thorough understanding of those rules is vital to presenting your case in a clear and persuasive way to a judge, and possibly a jury as well.
We know there are two sides to every story. Our lawyers will review the entirety of the prosecution’s case, and will analyze your version of events as well. We will be able to give you a sound opinion about your options and how best to proceed, based on our experience handling these types of charges, the strength of the prosecution’s case, and your expectations.
If the matter cannot be resolved in a way that you are satisfied with, we will zealously defend you in a trial, by challenging the Crown’s witnesses and other evidence, and, just as importantly, presenting your case in a trustworthy, truthful, and compelling fashion.
The Crown prosecutor seeks, and the Judge will consider, a jail sentence in virtually every single instance of sexual assault. It is vital that you have a passionate and dedicated criminal lawyer by your side at this critical stage of the case. Our lawyers will create a detailed personal profile of you that accurately emphasizes your previous good character and your good future prospects to present that to the Judge when it comes time to pass sentence. We are skilled at damage control.
The available punishments are as follows:
- Up to 10 years in prison
- Mandatory registration as a sexual offender for 20 years
- Up to 3 years of probation
- Mandatory surrender of a DNA sample to the National DNA databank
- An order that you not own or have any weapons, including firearms, in your possession
- An order that you not attend any public park or pool, schoolyard, playground, or any other place where children under 16 can be expected to be (if the victim is under 14 years old)
In addition, Parliament has recently instituted mandatory minimum sentences for sexual assault if the victim was under 16 years of age at the time of the offence. Depending on how the Crown prosecutor proceeds against you, you can face a minimum of:
- 1 year (if the Crown proceeds by Indictment)
- 6 months (if the Crown proceeds by Summary Conviction)