Defending Your Rights
Sexual assault is a serious criminal offence in Canada that can have devastating consequences for the
accused. If you are facing sexual assault charges, you need to know your rights and options.
At Fedorowicz Criminal Law, Richard Fedorowicz has over 20 years of experience in defending clients
accused of sexual assault and other sexual offences. Richard will fight for your best interests and
protect your reputation.
What Is Sexual Assault And Sexual Abuse In Canada?
According to the Criminal Code of Canada, sexual assault is any unwanted sexual act done by one person to
another or sexual activity without one’s person’s consent or voluntary agreement. Sexual assault can
include touching, kissing, groping, penetration, or any other form of sexual contact.
Sexual abuse is a broader term that can encompass any form of physical, emotional, or psychological harm
caused by sexual behaviour.
The Consequences Of Sexual Assault Charges
The Criminal Code of Canada divides sexual assault into three categories:
- Basic Sexual Assault: The maximum penalty is 10 years in prison or 18 months if the victim is under
16 years
old.
- Sexual Assault with a Weapon or Threats of Violence: The maximum punishment is 14 years in prison
or 2 years
less a day if the victim is under 16 years old.
- Aggravated Sexual Assault: Involves the victim getting injured or disfigured and can result in a
life
sentence in prison.
In addition to the criminal penalties, a person convicted of sexual assault may face other consequences,
such as:
- A criminal record that can affect their employment, education, travel, and immigration
opportunities
- A mandatory DNA sample that will be stored in a national database
- A mandatory sex offender registration that will require them to report their personal information
and
whereabouts to the police
- A mandatory order to stay away from the victim and any other conditions imposed by the court
- A civil lawsuit from the victim that can result in financial compensation for damages
- A social stigma and loss of reputation that can affect their personal and professional
relationships
Potential Defences Against Sexual Assault Charges
Every case of sexual assault is unique and requires a thorough analysis of the facts and evidence.
Depending
on the circumstances, there may be different defences available that a sexual assault lawyer can use to
challenge the allegations.
Some common defences against sexual assault charges include:
Consent
Consent is the voluntary agreement to engage in sexual activity. It can be expressed verbally or
non-verbally through actions or gestures. If the accused can prove that they had a reasonable belief
that
the complainant consented to the sexual activity, they may have a defence against the charge.
Mistaken Identity
Mistaken identity occurs when the accused is wrongly identified as the perpetrator of the sexual
assault.
This can happen due to poor lighting, faulty memory, suggestive questioning, or bias. If the accused can
provide an alibi or other evidence that shows they were not at the scene of the crime or that they do
not
match the description of the assailant, they may have a defence against the charge.
False Accusation
False accusation occurs when the complainant deliberately makes up or exaggerates a claim of sexual
assault
for various reasons. These reasons may include revenge, jealousy, anger, guilt, regret,
attention-seeking,
or mental illness.
If the accused, with the help of an experienced sexual assault lawyer, can show that there are
inconsistencies, contradictions, or ulterior motives in the complainant’s story or that there is no
physical
or forensic evidence to support their claim, they may have a defence against the charge.
The Importance Of Hiring An Experienced Sexual Assault Lawyer
Sexual assault charges are complex and serious. They can have lasting impacts on your life and liberty.
If you are facing sexual assault charges, you need to hire an experienced sexual assault lawyer who can:
- Explain your rights and options in clear and simple terms
- Review your case and identify any weaknesses or errors in the prosecution’s evidence
- Negotiate with the Crown prosecutor to reduce or withdraw your charges if possible
- Prepare a strong defence strategy based on your specific situation and goals
- Represent you in court and advocate for your best interests
- Protect your reputation and privacy throughout the process
How Can Richard Fedorowicz Help?
Richard Fedorowicz understands how stressful and overwhelming it can be to face sexual assault charges.
Richard has the knowledge, skills, and resources to defend you against any type of sexual offence. He
will work with you to understand your case and tailor a defence that suits your needs. He will fight for
your rights and freedom with professionalism and compassion.
