Cormier Simard law firm defend clients charged with sexual assault.
Sexual assault may be described as sexual assault or contact to which the victim has not consented or for which he/she has not provided valid consent.
Sexual assault is an offence that can involve a sentence of up to ten years of imprisonment according to Section 271 of the Criminal Code of Canada, unless the plaintiff chooses summary prosecution. The Criminal Code provides stricter punishment for armed sexual aggression or grievous sexual aggression (Sections 272 and 273 of the Criminal Code). There can also be a minimum sentence of imprisonment in certain cases, for instance when an extra factor is a charge of sexual contact committed against a child under 16 years old (Sections 151 and the following in the Criminal Code).
A defense lawyer in a case of sexual assault has to consider several factors while preparing such a case: the credibility of the witnesses, the client’s perception of the facts, the issue of consent, the specific rules governing evidence in these cases and the issues related to the Canadian Charter of Rights and Freedoms. He also has to assess the strength of the inculpatory evidence. The defense lawyer may use as evidence his client’s version of the facts and draw attention to the weaknesses in the testimonies against the client.
It is highly recommended that any person charged with sexual assault resort to the services of a criminal lawyer.
Open other bulletins in this web site to read about examples of sexual assault cases defended by Cormier Simard.