Liberty Law

Edmonton
300 Maclean Block
10110 - 107 Street
Edmonton, AB
Phone: (780) 784-7500
Toll Free: (833) 784-7500

Grande Prairie
Suite #510, 10014 - 99 Street
Grande Prairie, AB
Phone: (780) 539-9300
Toll Free: (800) 565-5415

Liberty Law LLP © 2024

LIBERTY LAW

Experienced Criminal Defence Lawyers

Sexual Assault Lawyers Edmonton

An Experienced Sexual Assault Lawyer Is Critical When Accused Of Sexual Assault

The definition of sexual assault in Canada includes, “All incidents of unwanted sexual contact, not just non-consensual intercourse”. People are accused of sexual assault every day in Canada, and if this happens to you, you want to be ready to defend yourself.

Accused of sexual assault? Even if you know you did nothing wrong, you should always seek the advice of an experienced sexual assault lawyer BEFORE speaking with the police. We can provide you with the necessary information about your rights, the process and how to best protect yourself. 

Hiring a respected sexual assault lawyer is the most important first step to ensuring anything you say or do will not be used against you in your criminal case. Many individuals charged with sexual assault have no criminal record and no experience with the criminal justice system. There are many misconceptions about what accused people should do when accused of a sexual offence. We can assist, for example, in explaining in simple terms why you should always exercise your constitutional right to silence and what to expect for release conditions while awaiting trial. 

The definition of sexual assault in Canada is broad. Police, prosecutors, and the courts take sexual assault allegations very seriously in Canada. In fact, it’s important to be aware that criminal charges are typically always laid once a sexual assault complaint is filed with police. There is no requirement in law for other evidence. 

The penalties for a conviction for a sexual assault are significant. There are mandatory minimum jail sentences for many sexual offences. If you are accused of a sexual offence by violating the sexual integrity of another individual for a sexual purpose, it’s imperative to seek the advice of qualified legal counsel as soon as possible.

Liberty Law

Hiring A Respected And Experienced Sexual Assault Lawyer Is Vital

The stigma of being accused of sexual assault in Canada can significantly damage your reputation. If you are concerned you will be charged, or you have been charged with sexual assault, due to the serious and negative ramifications, we recommend you hire a sexual assault lawyer at Liberty Law who has dedicated their practice to defending sexual assault charges and other sexual offences.

The legal issues arising from the prosecution of sexual offences can be complex. Some of the more common issues include:

  • Whether there was consent and whether the accused individual had an honest belief there was consent;
  • The age of the complainant and the accused’s belief as to the complainant’s age;
  • The legal effect of alcohol/drug consumption by either or both the accused individual and the complainant; 
  • Evidence about the sort of relationship the complainant and the accused person had at the time of the encounter, and 
  • Whether other sexual activity aside from the allegations before the court is relevant and can be raised in court. 

Parliament has enacted laws surrounding the evidentiary use of other sexual activity being introduced in sexual assault trials. Often the complainant is entitled to their own lawyer. 

The use of records (text messages, emails, social media posts, etc.) at trial are also restricted by recent amendments to the law. There are legal barriers to introducing certain types of evidence the average person would think are extremely important in showing that an allegation is false.

Before the person accused can present evidence of text messages, emails, or social media communications at trial, they have to make an application before the trial takes place for permission to introduce that evidence. Prosecutors often vigorously oppose allowing a judge or jury to find out about messages from before or after a sexual encounter occurred.  Often the complainant is entitled to their own lawyer. 

Having one of our lawyers who understands the complexities of the legal and evidentiary issues in sexual offence prosecutions, and who is willing to investigate the allegation, can be the difference between being found guilty or not guilty. At Liberty Law we will competently defend your rights and reputation when faced with allegations of a sexual nature. 

Learn More About Liberty Law

Liberty Law Lawyer Brian Hurley helps you navigate through the complexities of the legal system.

man being arrested

If you have any questinos or require additional information, please do not hesitate to contact Liberty Law. Our dedicated team is here to assit you and provide the answers and support you need.

What Is The Definition Of Sexual Assault?

The definition of sexual assault in Canada, as it relates to the criminal code, refers to all incidents of unwanted sexual contact, not just non-consensual intercourse. Sexual assault can include touching, kissing, and fondling. 

The court determines whether the touching is sexual by reviewing the entire set of circumstances including the body part touched, the verbal and physical gestures accompanying the act, the accused’s motives, and the situation in which it occurred.

Are There Different Sexual Assault Allegations? +

Yes. Sexual assault does not mean just one type of act. If you are accused of sexual assault, our Edmonton or Grande Prairie office will provide a free consultation on the potential charges you may face.

Various issues arise in sexual assault cases. Whether the Crown can prove beyond a reasonable doubt the complainant did not consent is often the key issue in many sexual assault trials. If the complainant was drunk, under the influence of drugs, asleep, or unconscious when the alleged sexual assault occurred, he or she may not have been able to legally consent to the sexual activity.

It is also important to note that Canada offers no statute of limitations on sexual assaults. This means there is no limit on the time frame for which you can be accused of sexual assault. An incident could have occurred decades ago, and you can still be charged with sexual assault. 

Hiring a well-respected sexual assault lawyer is the first step to a successful outcome against all allegations. Contact us at our Edmonton or Grande Prairie office for a free consultation.

What Are Other Sexual Offences Besides Sexual Assault?

Bestiality – Penetrative sex, either vaginal or anal with an animal.

Child pornography –Accessing, distributing, or possessing child pornography (sexually explicit or sexually suggestive video or photographic representations of anyone under the age of 18).

Invitation to sexual touching – Invites, counsels, or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years.

Luring – Using a telecommunication computer system to communicate with a person who is believed to be under a specific age (18, 16, or 14) to facilitate an offence under the Criminal Code. Depending on the age of the person that you are communicating with, different offences apply.

Sexual exploitation – A person in a position of trust or authority, for a sexual purpose, touches, directly or indirectly, with a part of the body or an object of a young person or person with a disability. Or, for a sexual purpose, invites, counsels, or incites a young person or person with a disability to touch the body of any person, including the person who is inciting, counselling, or inviting, directly or indirectly, with a part of the body or an object.

Sexual interference – For a sexual purpose, touching, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years.

Voyeurism – Observing or recording someone who has a reasonable expectation of privacy.

(Source: Criminal Code of Canada s. 150-182)

What Defines Consent In Canada? +

As noted above, a person cannot freely give consent to sexual activity if she or he is grossly under the influence of alcohol or drugs, is unconscious, or asleep. It is, therefore, important to take reasonable, necessary steps to ensure the other person is consenting before engaging in sexual activity. In addition to physical consent, you must also be aware of Canada’s age of consent.

What Is The Age Of Consent In Canada? +

The age of consent in Canada is 16 years. While there are exceptions (as detailed below), only when the person turns 16 years of age is she or he legally allowed to give consent to take part in sexual activity.

What Are The Exceptions To Canada’s Age Of Consent? +

The age of consent is another common issue in sexual assault cases. In Canada, the legal age of consent is 16 years. There are exceptions to this found in the Criminal Code in Section 150.1 but this is a complex area of law, and you should consult with an experienced criminal defence lawyer and never make assumptions about the legal age of consent. 

The Criminal Code of Canada provides two exceptions to Canada’s age of consent – “close in age” and “peer group”.

What is referred to as the “close in age” exception allows individuals who are 12 or 13-years-old to consent to sexual activity with someone who is less than two years older than they are.

The “peer group” exception allows individuals ages 14 or 15 to engage in sexual activity with individuals who are less than five years older than they are.

What is important to mention is that these exceptions are only valid if the older partner is:

  • Not in a position of authority, trust, or dependency to the other person, and
  • The relationship is not exploitative.

If none of the above exceptions applies and a person under the age of 16 engages in sexual activity, a criminal charge could be laid. For example, if a 14-year-old consents to sexual activity with a 20-year-old, no “consent” is, in fact, granted under Canadian law. The 20-year-old may, therefore, be found guilty of a sexual assault.

Can There Be A Mistaken Belief Of Consent? +

There are circumstances when the accused has had an honest mistaken belief of consent. This can happen through verbal or physical communication. Keep in mind honest, mistaken belief of consent is not valid if the accused took part in any of the following scenarios at the time of the alleged sexual assault:

  • Self-induced intoxication;
  • Recklessness or willful blindness, or
  • Failing to take the necessary steps to ensure the complainant was consenting.
When Is Belief In Consent, Not A Defence? +

The Criminal Code (s. 265) states that it is not enough for the accused to assert that he or she took reasonable measures to ensure the complainant provided consent to sexual activity. Sufficient evidence provided by the accused is required. An experienced sexual assault lawyer can help gather the evidence necessary for a not guilty verdict. 

What Are The Consequences Of A Sexual Assault Conviction +

If you’re convicted of a sexual assault offence, you are faced with numerous consequences. Because of the broad range of what constitutes a sexual assault, you may be facing anything from probation to an extended period of incarceration. The maximum sentences typically range between 10 and 14 years for indictable matters, but a conviction for an aggravated sexual assault can mean a life sentence. In addition to being imprisoned, ancillary orders include being required to provide a sample of your DNA to the national databank, the sex offender registry, and a Section 161 Order restricting an individual’s liberty in relation to places such as swimming pools, parks, and playgrounds. 

A sexual assault conviction could be followed by a civil lawsuit. A conviction for a sexual offence may have other collateral consequences outside of the court proceedings, including limits on the type of employment an individual can obtain, or prohibitions on entering into certain professional organizations, or being barred from performing certain volunteer or charitable activities. Travel to other countries may also be restricted. For example, a person who has been convicted of a sex offence in Canada is ineligible to enter the United States.

What Is The National Sex Offender Registry (SOIRA)

If you are a convicted sexual offender, the court can require you to enter your information into Canada’s Sex Offender Registry. This is a database with information on individuals across the country who have been convicted of offences under the definition of sexual assault umbrella (designated Criminal Code offences). These offences include:

  • Sexual interference
  • Invitation to sexual touching
  • Sexual exploitation
  • Incest, bestiality
  • Child pornography
  • Parent or guardian procuring sexual activity
  • Exposure
  • Sexual assault
  • Sexual assault with a weapon, threats to a third-party or causing bodily harm
  • Aggravated sexual assault

While your name would not be accessible to the public, it would be accessible to all accredited Canadian police agencies throughout each province and territory. The Sex Offender Information Registration Act (SOIRA) requires registered individuals to provide the following information every year:

  • Name
  • Date of birth
  • Current address
  • Current photograph
  • Identifying marks (e.g. tattoos, scars)
  • Vehicle information
  • Type of employment and/or volunteering and address
  • Sex offence(s) for which the offender has been convicted.

(Source: Royal Canadian Mounted Police)

The police are also able to notify the public when a sexual offender is released from a correctional facility into the community. Therefore, even though the National Sex Offenders Registry is not accessible to the public, the police can make them aware. If your name is entered onto the National Sex Offenders Registry, you could potentially be on it for life. A successful legal defence from a skilled sexual assault lawyer at Liberty Law can help you avoid this.

If you have a criminal law issue, contact one of our lawyers immediately.

EDMONTON 300 Maclean Block, 10110 - 107 Street, Edmonton, AB | Toll Free 1-833-784-7500

GRANDE PRAIRIE Suite #510, 10014 - 99 Street, Grande Prairie, AB | Toll Free 1-800-565-5415