Allegations of sexual assault involving a minor are among the most serious offences in Canadian criminal law. These cases are handled with great scrutiny by the courts and carry particularly harsh penalties due to the vulnerability of the complainant.
If you are being investigated or have been charged with such an offence, you need to understand the legal process, the possible consequences, and your rights.
How the Law Defines Sexual Assault Involving a Minor
Sexual assault, as defined in the Criminal Code of Canada, includes any unwanted sexual contact. When the complainant is under the age of 16, the law presumes that they cannot legally consent to any form of sexual activity, except in very narrow circumstances involving close-in-age exceptions.
Charges may also be laid under specific sections of the Code, such as:
- Sexual interference (s. 151): Touching a person under 16 for a sexual purpose.
- Invitation to sexual touching (s. 152): Inviting a person under 16 to touch the accused for a sexual purpose.
- Sexual exploitation (s. 153): When the accused is in a position of trust or authority over a person aged 16 or 17.
Police Investigations and Bail Conditions
Once an allegation is made, police will typically launch a thorough investigation. This may involve interviews, digital evidence, medical records, and forensic analysis.
If charges are laid, the accused is often arrested and may face strict bail conditions, including no contact with the complainant or anyone under the age of 18, and prohibitions on accessing certain locations or the internet.
Penalties Upon Conviction
Convictions for sexual assault involving a minor often result in mandatory minimum prison sentences.
Penalties may include:
- Lengthy periods of incarceration
- Mandatory registration under the Sex Offender Information Registration Act (SOIRA)
- Restrictions on employment and residency
- Lifetime consequences for travel and family relationships
The court considers the age of the complainant, the nature of the relationship, and any breach of trust as aggravating factors.
The Importance of a Strong Defence
These cases are emotionally charged and legally complex. A criminal defence lawyer will examine all aspects of the case, including the reliability of the complainant’s testimony, the way police gathered evidence, and whether the accused’s rights were violated at any point.
If you are facing an allegation of sexual assault involving a minor, you must act immediately. Jerry Steele has the experience to defend against these serious charges and can help you navigate the legal system while protecting your rights and your future. Call now.