Sexual Assault Lawyer Edmonton

A Sexual assault is an assault of a sexual nature, or that violates the sexual integrity of the victim. These charges are taken very seriously and are pursued aggressively by the police.

When investigating a sexual assault case, police look at several factors such as which body part was touched, the nature of the contact, the situation, words and gestures accompanying the act, and any threats that were accompanied by force.

Common Charges Related to Sexual Assault

Here are some different charges related to sexual assault:

Sexual assault with a weapon
Aggravated sexual assault
Sexual harassment

Punishment for Sexual Assault

If someone is found guilty of sexual assault, they might go to jail for a maximum of 10 years, or 14 years if the complainant is under 16 years of age. They might also be put on a list of the National Sex Offender Registry, or have a DNA sample taken for the DNA databank.

Frequently Asked Questions About Sexual Assault Charges in Alberta

1. What are the best defences for a sexual assault charge?

If someone is accused of sexual assault, they can say that the person they touched agreed to it or they honestly thought that the person agreed to it. They can be found not guilty of sexual assault if they can show that the person said yes.

2. Can I get my sexual assault charges dropped?

If someone’s case is not very serious, they might be able to make a deal with the prosecutor to have their charge dropped if they agree to certain rules. They might also be able to apply for a discharge if they admit they did it and promise not to do it again.

3. What can I do if I’ve been falsely accused of sexual assault?

While many people believe that if there is no direct evidence against them then they cannot be convicted of sexual assault, the reality is that convictions do still happen with little to no objective evidence. In these cases, the Crown Prosecutor and police still treat allegations of sexual assault very seriously.

If you are falsely accused of sexual assault and face a trial, it is your word against the complainant. This is why it’s imperative that you seek the aid of a criminal defence lawyer who, through skilled cross-examination, can weaken the case against you.

4. How does the court determine whether or not consent was given?

The court will look at the words, conduct, and reasonable steps taken by the accused to determine consent. However, the court will not accept silence or passivity on the part of the complainant as a form of consent.

The issue of consent can be a grey area, since your and the complainant’s recollections of the events may vary. They will look at consent from the complainant’s point of view but also consider whether or not your belief in the complainant’s consent was reasonable in the circumstances.