Sexual Offences in Victoria
If you have been charged with a Sexual Offence, you have been charged with one of the most serious and stigmatizing offences in Canadian criminal law. According to Statistics Canada, in 2016 alone there were over 800 charges laid regarding alleged Sexual Offences in Victoria, with over half of all Sexual Offence convictions resulting in time spent in jail. Needless to say, this is a very serious offence that can have devastating impacts on your ability to live your life normally.
‘Sexual Offence’ refers to a wide range of offences including Sexual Assault, Aggravated Sexual Assault, Sexual Assault Causing Bodily Harm, or Sexual Assault Against a Minor.
Broadly speaking, you will have committed a sexual offence when you intentionally perform some sort of sexual activity without the consent of the complainant. The type of activity that can be the subject matter of a Sexual Offence is broad, including everything from an unwanted kiss or touch, to forced sexual activity.
The Investigation of Sexual Offences in Victoria
Sexual Offence investigations typically begin when a complainant or someone close to them reports the unwanted sexual activity to the Victoria Police Department. The VPD has a special unit that they dedicate exclusively to the investigation of sexual offences called the Special Victims Unit. Once an allegation of sexual assault is made, they will obtain a statement from the complainant, and will often gather other forensic evidence that can be used to incriminate you for the offence. The evidence that they gather against you can come from multiple sources such as the crime scene, the complainant themselves, or from information they receive from any other source.
After the complaint is made, the police will often contact you and ask you to provide a statement. Sometimes this is to gather more information, or sometimes it is a tactic used to facilitate your arrest. Either way, once you come into contact with the police, do not say anything until you have been able to seek advice from a lawyer.
Bail Conditions for Sexual Offences in Victoria
Once you are arrested, there is a high likelihood that you will be held in custody until you can have a bail hearing. Given the potential gravity of the offence, there is a high likelihood that you could spend a significant amount of time in custody if you do not retain a criminal defence lawyer to assist you with bail.
As such, if you anticipate being brought into custody or someone you know has been brought into custody for a sexual offence, contact our office as soon as possible. We will immediately work to facilitate your release, and will take all possible steps to ensure that the conditions of your bail impose the least restrictions on your liberty while we resolve your matter.
Once you are released, you will often need to comply with strict bail conditions. If you have been charged with sexually assaulting a minor, you will likely be prohibited from frequenting places like schools or parks, and will be prohibited from communicating with underage individuals. Evidently, these conditions can significantly and adversely impact your life in a number of ways. If you have been recently released on bail for a Sexual Offence, contact one of our criminal defence lawyers without delay. We will take steps to alter your conditions where possible so that you can live your life normally while we work to resolve your charges.
Defending Sexual Offence Charges in Victoria
Defending a Sexual Offence charge is one of the most complicated processes in Canadian criminal law. The legal concepts and statutory provisions that govern the prosecution of sexual offences are numerous and complex. In order to successfully defend a sexual offence charge, it is vital that you have a skilled and experienced criminal defence lawyer.
At Oykhman Criminal Defence, we have successfully defended many different types of Sexual Offence cases, and have gained the experience to effectively and strategically resolve your matter. We typically begin by identifying all weaknesses and inconsistencies in the case against you, and then use this information to try and reach a favorable pre-trial resolution with the Crown prosecutor. If we cannot achieve a resolution that you find favorable, we will mount a full and effective defence to your charges in trial. Some common trial strategies that can be used to defend a Sexual Offence charge include:
- Arguing for the exclusion of evidence obtained in violation of your Charter rights
- Flushing out inconsistencies in witness testimony and undermining witness credibility through cross-examination
- Introducing exculpatory evidence in trial
The Punishment for Sexual Offences in Victoria
If you are convicted of a Sexual Offence, the severity of your sentence can vary significantly based on the offence you have been convicted of. For example, following a conviction for a more minor sexual assault (i.e. a conviction for unwanted groping) you may receive a suspended sentence that allows you to stay out of prison. By contrast, if you have been convicted of sexually assaulting a minor, you will be required to serve a mandatory minimum sentence of 6 months to one year in jail.
In addition to your sentence, you will also be given ancillary or additional orders that will have a profound effect on your life following conviction. In accordance with the Sexual Offender Information Registration Act (SOIRA), upon your conviction the judge will order that you become a registered sex offender. This means that you will have to provide your information to the National Sex Offender Registry, a database managed by the police that monitors convicted sex offenders. In addition, because you will have been convicted of a primary designated offence you will also be ordered to provide samples of your DNA to the National DNA Databank. This will provide the police with access to information about your DNA so that they can identify you or rule you out as a suspect in future criminal investigations.
Given the harsh repercussions that will follow a Sexual Offence conviction, if you have been charged with this offence or think you might be charged in the near future, contact us immediately. We will use our experience defending a wide range of Sexual Offence cases and excellent advocacy skills to provide you with the most effective defence possible for this very serious charge.