Aggravated sexual assault is one of the most extreme charges under Canadian law. It carries significant penalties and long-lasting consequences, and an aggressive defence is necessary for these cases. 

This offence, as defined in Section 273(1) of the Canadian Criminal Code, involves committing a sexual assault that causes serious bodily harm or endangers the life of the complainant. 

Here’s what you need to know about this charge: its intent, penalties, and potential consequences.

Definition of Aggravated Sexual Assault

Under Canadian law, aggravated sexual assault occurs when a sexual assault results in wounding, maiming, disfiguring, or endangering the complainant’s life. 

This elevated level of harm makes it a distinct and more serious offence compared to other forms of sexual assault.

Intent and Burden of Proof

For a conviction of aggravated sexual assault, the prosecution must prove intent beyond a reasonable doubt. 

This entails proving that the accused intentionally used force, caused harm, or posed a considerable risk of injury. 

Unlike lower forms of sexual assault, demonstrating intent and harm are essential elements that differentiate this charge from other offences.

Penalties for Aggravated Sexual Assault

The penalties for aggravated sexual assault in Canada are particularly harsh owing to the physical and psychological harm inflicted on the victim. 

Convictions generally lead to indictable offences with long-term prison sentences.

• Maximum Sentence: If a firearm was used during the assault or if the offence was connected to a criminal organization, the accused could face life imprisonment.
• Additional Penalties: Those convicted may be subject to various restrictions and mandatory legal requirements, including:
  • Prohibitions from specific areas, such as places frequented by minors, particularly if the victim was under 16.
  • Fingerprinting requirements are part of their criminal record.
  • Inclusion in the national sex offender registry, which carries stringent reporting and monitoring obligations.

Legal Consequences and the Need for Legal Counsel

Facing a charge of aggravated sexual assault is a life-altering crisis with far-reaching consequences. Convictions can result in lengthy imprisonment, damaged reputations, and restrictions that follow individuals for years. 

Due to their complex nature and severity, it is crucial to seek experienced legal counsel immediately if charged with such charges.

An experienced criminal defence lawyer can provide valuable guidance, assess the strength of the prosecution’s case, and build a strong defence strategy to ensure the rights of the accused are upheld throughout the legal process.

Aggravated Sexual Assault Defence Lawyer in BC

Aggravated sexual assault is a grave charge that reflects the serious harm inflicted upon victims. 

With potentially life-altering consequences, it is critical for anyone facing such allegations to understand their legal rights and the high stakes involved. 

Immediate legal representation is vital to navigate these charges’ complexities and secure a fair defence in court.

Contact Jerry Steele of Steele Law today for the experienced defence you deserve.