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What Particular Qualities Constitute a Sexual Assault?

Canada’s Criminal Code, Section 265, provides the technical details of assault and sexual assault. You’ll notice that in fact, evidence of actual harm is not needed to validate a criminal sexual assault charge. The affront must simply be offensive and aggressive enough to hurt or damage the dignity of the individual.

As such, you can see immediately that some elements of determining a sexual assault case are subjective. It can be difficult for the court to determine whether or not certain actions were malicious in intent or not.

Things are further complicated by the secluded nature of most sexual encounters. Witnesses are generally limited; therefore, cases are usually based on any direct or circumstantial evidence plus the personal accounts of those involved.

Was the Act Consensual?

One of the most impactful questions in any sexual assault case is, “Was there consent?” In other words, was the act consensual. For if consent of the claimant is determined and the claimant is over the age of consent (see below), charges will normally be dropped on the accused.

Age of Consent in Canada

The age of consent in Canada is 16.

For those 12 or 13 years of age, legal consent to sexual activity is possible as long as the other individual:

  • Is less than two years older than them
  • Is not exploiting them
  • Is not a person on whom they are dependent
  • Not in a position of authority over them
  • Is less than five years older than them
  • Is not exploiting them
  • Is not a person on whom they are dependent
  • Not in a position of authority over them

The Ramifications of a Sexual Assault Conviction

There are numerous aspects to every sexual assault case, and if you are being accused of sexual or domestic assault, it is important that you know the ramifications in the event that you are charged and prosecuted.

Just one of the consequences of a serious offense like this is jail time (10, 14, or even up to life in prison). For a summary offense, you’ll spend anywhere from 18 months to 2 years in jail.

Moreover, your reputation will be permanently damaged. Whether you committed the extent of the accusations or not, if you are charged, there will be restrictions on where you can live, where you can be employed, and more.

For this reason, it is of the utmost importance that you have a qualified attorney on your side.

The Only Sexual Assault Lawyer Toronto Residents Trust

If you or someone you know has been accused of sexual assault, it is essential to take action immediately. Before speaking to police, make sure you have one of the best assault lawyers Toronto has to offer on your side.

Mass Tsang provides unsurpassed legal counsel to those who are being charged or questioned in regards to a sexual or domestic assault. We have more than 30 years of experience and take on the toughest cases in Toronto. If you want the best sexual and domestic assault lawyer Toronto has on your side, you want Mass Tsang.

Don’t allow unsubstantiated claims to tarnish your name, reputation, and future. Ensure you have the legal protection you need by hiring the expert attorneys at Mass Tsang.

Get a free consultation regarding your case by contacting us today.

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