Under Section 271 of the Criminal Code of Canada, sexual assault is defined as a form of sexual contact without the voluntary consent of all parties involved. This can include, non-consensual intercourse, fondling, touching or kissing.
An individual accused of sexual assault should seek legal counsel immediately. There are a number of defences. Firstly, there is the defence of consent but that depends on whether the complainant has reached an age when there can be consent. Secondly, the circumstances of the alleged sexual contact are ambiguous in that the crown cannot prove a sexual purpose. Thirdly, there is the defence that the complaint was fabricated and where the complainant's credibility is a key issue. Under special circumstances, the Court may allow the accused to use the complainant's prior sexual history, psychiatric or medical records as evidence that impugns the victim's credibility.
If an individual is found guilty of a sexual offence, it can attract a jail term and it could be a lengthy one depending on the nature of the sexual offence and its seriousness.
If a sexual assault accusation is made, it's vital to seek legal representation as soon as possible. Raj Napal and NLC can help you navigate the murky waters of sexual assault cases to ensure you understand your rights and that they are protected throughout the entire process.