Did you know that if you are charged and convicted of sexual assault in Orangeville, you could face up to life in prison for some offences and may have to register on the National Sex Offender Registry? Sexual assault is a very serious charge and has life-changing consequences if you are convicted. If you are facing these charges, it's important that you have a full understanding of sexual assault, what you are being accused of, and what the potential penalties are. A sexual assault lawyer can help you understand what you are facing and defend your rights in court. Read on to learn more.
Types of Sexual Assault in Orangeville Sexual assault is a criminal offence in Canada, so it is covered in the Criminal Code of Canada. Sexual assault is defined as "any unwanted sexual act done by one person to another or sexual activity without one person's consent or voluntary agreement." Beyond this general definition, there are different types of sexual assault depending on the harm caused and whether a weapon was used. Sexual Assault with a Weapon To be convicted of sexual assault with a weapon, threats to a third party, or causing bodily harm, the offender must:
Carry, use, or threaten to use a weapon to an imitation of a weapon
Threaten to cause bodily harm to a person other than the immediate victim
Causes bodily harm to the victim
Chokes, suffocates, or strangles the victim
Is a party to the offence with another person
Aggravated Sexual Assault If during the course of a sexual assault, the victim is wounded, maimed, disfigured, or their life is endangered, the offender may be charged with aggravated sexual assault. Sexual Assault Penalties The potential penalties for sexual assault with a weapon are as follows:
First offence with a restricted firearm: imprisonment between 5 and 14 years, depending on whether it is a first offence (minimum 5 years) or a second or subsequent offence (minimum of 7 years)
First offence with any other firearm: imprisonment between 4 and 14 years
First offence with a firearm and a victim under 16: imprisonment between 5 years and life
The first offence of aggravated sexual assault using a prohibited firearm is punishable with imprisonment between 5 years and life and for a second offence, between 7 years and life. For any other cases of aggravated sexual assault, the first offence is punishable with imprisonment between 4 years and life, or, if the victim is under the age of 16, between five years and life in prison. Any earlier offences that increase an offender's punishment must have taken place within 10 years from the day of the conviction of the current offence. If more than 10 years have passed, the earlier offence does not count against the offender for sentencing purposes. Contact an Experienced Sexual Assault Lawyer If you are charged with sexual assault in Orangeville, you need an experienced criminal defence lawyer. Even the most lenient punishment carries the possibility of time in prison. A criminal lawyer will know how to defend your rights in court. If you or a loved one are being accused of sexual assault, contact Richard Allman today. He has decades of experience representing those charged with sexual assault and will vigorously defend your rights.