Under Section 271 of the Criminal Code, sexual assault is a criminal offence. Sexual assault is defined as any form of sexual contact without the consent of both parties, and includes intercourse as well as unwanted touching or fondling. One complete defence to sexual assault charge is that the accused had a “mistaken belief in consent”. However, there are certain situations in which a mistaken belief in consent is not applicable. These situations include:
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You are at the Court's mercy if you do. There are many routes we can take as your attorney to reduce or completely drop the charges.
Stay calm and listen to the Police to avoid receiving more charges.
There are many routes we can take as your attorney to reduce or completely drop the charges.
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If an accused person is found guilty and must face sentencing on a sexual assault charge, the sentence could range anywhere from no time in jail at all to a maximum of 18 months or 10 years depending on whether or not the crown proceeds on the sexual assault by “summary conviction” or whether they proceed by “indictment”.
The Canadian government has established a Sex Offenders Registry to track and monitor persons who have been convicted of sexual offences. The Sex Offenders Registry is not public information, and the names and addresses of persons on the registry are not made public.
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