In Canada, sexual assault can include various kinds of activities. What they all have in common is that they are sexual in nature, such as grabbing, kissing, and fondling, as well as intercourse.
It should be noted that sexual actions on their own are not illegal. What classifies them as sexual assault comes down to consent.
If someone does not provide consent to actions that are sexual in nature, that is sexual assault. The Criminal Code says that there is no consent if:
In addition, no one can legally consent to sexual activity in the future, at such time they will be unconscious, or will suffer bodily harm, such as serious bruises or broken bones. Toronto sexual assault lawyer Michael Juskey represents clients charged with sexual offences in the Ontario Court of Justice and Superior Court of Justice.
Before you do or say anything, reach out to Toronto Sexual Assault lawyer Michael Juskey. This will give you the greatest chance of keeping your quality of life.
Your first conversation with Michael with be a no charge strategy session. You will learn how the legal system works, your responsibilities, and what options may be available to you.
Once you retain Michael as your lawyer, he becomes your partner, confidant, and of course legal representative. He will get to know you as a person – your personal and professional life, your relationships, your history, and your beliefs.
Michael is available to you always available to answer any questions, provide updates, or just to hear your concerns. You will never be passed off to a junior associate or assistant. Michael’s conviction in your recollection of events is what he builds his defence on.
With extensive experience representing individuals in the Ontario Court of Justice and Superior Court of Justice, Michael understands how to navigate the legal system to give you the best outcome possible.
While sexual assault charges are serious, they must be proven in court for you to be found guilty. Even if you did touch the complainant in a sexual way, proving guilt rests heavily on the basis of consent.
Some of the most common defences to sexual assault are:
Toronto Sexual Assault lawyer Michael Juskey has successfully represented hundreds of individuals with many seeing all charges dropped. He has done this by being working with his clients to attain a clear description of the events as they occurred.
Being convicted of sexual assault carries a lot of repercussions. Jail time can typically range from several months months to 10 years depending on how the prosecution wants to approach things. Considerations can include the type of assault (was there groping or full intercourse), any criminal record, or the form of assault, such as bodily harm. In addition, you face the humiliation of being listed on a provincial and national database of sex offenders for at least 10 years and be subjected to strict police supervision for an extended period after conviction.
There are generally two areas that are the part of a successful defense for sexual assault. The first is based on the concept that no sexual activity took place. There was no groping, grabbing, intercourse, or any other activity that would classify as sexual assault. The second is the issue of consent. As in that consent was given, or you mistakenly believed there was consent.
You may be found not guilty of sexual assault even if there was no explicit consent given. This can be a grey area and the court has very strict guidelines. Words and actions between you and the complainant are all considered. However, it should be noted that a lack of words or actions, such as silence or passivity do not count as consent.
The Sex Offenders Registry is a national database that tracks and monitors those who have been convicted of sexual offences. The Sex Offenders Registry is not accessible to the public and the names and addresses of those on the registry are not made public. The Registry is used by police and other organizations to track sex offenders and investigate sexual offences.
Those who are on the Sex Offenders Registry are required by law to “check in” every year and provide the police with updated information including their address, current employer or school, and any vehicle information.
Being listed in the Sex Offender Registry can last between 10 years to life, depending on the circumstances.