Sexual Assault Lawyer in Winnipeg

What is Sexual Assault?

Sexual assault charges can encompass a wide range of allegations, from unwanted physical contact like hugs or kisses, to more serious offenses like intercourse. Defending against sexual assault allegations can be complex due to the various issues that may arise in each case. The most common defenses to sexual assault charges are that the complainant consented, or that the accused had an honest but mistaken belief in consent.

Unfortunately, false allegations of sexual assault can be made against individuals who are well-respected members of the community. These allegations can arise in various contexts, such as during a date, a work function, or a party, involving sexual touching.

Being charged with sexual assault can have severe social consequences for the accused. In the current “me too” era, there is a growing movement to believe the complainant, which can create a presumption of guilt even before setting foot in court.

It is crucial for an accused to take every necessary step in defending against sexual assault allegations, as a conviction can result in life-altering consequences.

Sentencing for a Sexual Assault Charge

The consequences of being found guilty of sexual assault can be significant. The sentence will depend on various factors, including the age of the victim, whether the offender was in a position of trust, and the nature of the assault.

Upon conviction, a judge may impose a maximum sentence of 10 years imprisonment, or a minimum sentence of 1 year imprisonment and a maximum of 14 years if the complainant is under the age of 16. Sentences typically fall in the range of 3 years, while the typical range for victims under 18 years of age is between 5 to 7 years.

All offenders convicted of sexual assault are required to register on the Sexual Offender Information Registration. The length of time an offender is required to register depends on the circumstances, ranging from 10 years to life.

Convictions for sexual assault involving victims under 18 years old are usually ineligible for record suspension (previously known as a “pardon”).

Having a criminal record for sexual assault can significantly impact employment opportunities, as it may restrict the ability to work with children, the elderly, or other vulnerable groups. It can also affect international travel, immigration, and potentially child custody.

Defending a Sexual Assault Charge

When assessing a sexual assault case, there may be various defenses available depending on the specific facts of the case. Reviewing the evidence collected by the police during their investigation is crucial in determining the strength and weaknesses of the Crown’s case and potential legal defenses. Common legal defenses raised in sexual assault cases include:

• Consent of the complainant
• Honest but mistaken belief in consent
• Lack of sexual contact
• Mistaken identification of the accused as the offender

Understanding the concepts of consent and honest but mistaken belief is important in most trials, as these are often the defenses raised.

For further information on the defence of consent, my college, Mat Schwartz has written a detailed article on the subject.

For additional information on the defence of honest but mistaken belief in consent, you may continue reading my detailed article on the subject, “Belief in Consent.”

Every case is unique and requires a thorough assessment of the evidence to determine potential defenses. Consulting with a criminal defense lawyer is the best way to ensure that all possible defenses are explored.

Related Sexual Assault Topics

1. Sexual Assault Trials in Canada: Legal Process, Evidence, and Challenges
2. Sexual Assault Cases Involving Vulnerable Persons in Canada
3. Consent and Intoxication in Canadian Sexual Assault Cases
4. Sentencing for Sexual Assault in Canada