Many people wonder about the minimum sentence for sexual assault possible in Canada. In the eyes of the law, sexual assault cases are one of the more serious crimes in Canada. If found guilty, those convicted may receive a long, arduous sexual assault sentence, including stiff fines.
Below, the legal professionals in Brampton discuss what you need to know if you ever face similar accusations. Contacting a criminal defence lawyer like Manbir Sodhi is also wise, as Ontario’s maximum sentencing for sexual assault can be severe.
How Does Canada’s Law Define Sexual Assault?
Canadian law defines sexual assault as any form of sexual contact without consent. For example, it is a crime to have sex with anyone who is:
- Unconscious, passed out drunk, or asleep
- Physically unable to consent because they are too young (under 16)
- Mentally incapable of understanding the sexual situation, including through dementia, Alzheimer’s disease, or a mental disorder
The Minimum Sentence for Sexual Assault in Canada’s Legal System
The minimum sexual assault sentence will depend on the extent and nature of the allegation. Is there an accusation of sexual assault causing bodily harm (like using a weapon during the alleged act and the action leading to permanent physical injuries)? A conviction could mean you face up to ten years in prison (or 14 years if the victim was under 16).
Similarly, accusations involving incest could face one to ten years behind bars (including sexual assault that involves penetration with immediate family members, such as a parent or child). Summary convictions fetch as much as 18 months of jail time, but the following factors could influence a sexual assault sentence in Ontario:
- Early guilty plea showing remorsefulness
- First-time offender
- Age (the accused is a minor)
- How old is the victim?
- Did the accused know the victim was a minor?
- Did the accused use a weapon?
- How vulnerable was the victim?
- Is the accused in a position of authority over the victim?
- Might the accused repeat the offence?
- Was there penetration?
- What level of violence did the accused mete out toward the victim?
What to Do If You Stand Accused of Sexual Assault in Canada
The first step is to contact a legal representative like the Law Offices of Manbir Sodhi, a Criminal Defence Lawyer. A lawyer can help you navigate this difficult time and defend against a sexual assault sentence. Follow your lawyer’s advice about staying quiet or turning over your computer’s hard drive and other personal property as the law requires.
Solid Legal Advice from the Law Offices of Manbir Sodhi, a Criminal Defence Lawyer
Has someone accused you of sexual assault? It is a serious allegation with potentially lengthy sentencing outcomes. You need legal advice and someone to defend you before the judiciary.
Why not call the law offices of Manbir Sodhi, Criminal Defence Lawyer, at (905) 457-2546? We can provide more information on the minimum sentence for sexual assault and everything else you need to know in Brampton, ON.