Sexual assaults are heinous crimes globally. Like other countries, Criminal Code of Canada also condemns the convict with imprisonment and penalty for the terrible crime committed. Above all, the accused and his family also have to experiences the shame and the dreadful consequences. In such cases, the Mississauga criminal lawyers play a major role in saving them from the imprisonment and the awful defamation that the accused and the family have to undergo.
The criminal with serious motive of forcing a person for sex whether minor or adult can be a convict if proved guilty by the Crown and the court. But sometimes, the accused under the influence of alcohol or drugs commits the crime and repents later. Lawyers from Passi & Patel Mississauga are experienced in taking up the sexual assault cases over the years. The criminal lawyers here offer a free consultation in the initial phase and all types of legal assistances required to defend the accused from the conviction.
Sexual Assault defined by the Criminal Code of Canada:
According to the Section 265 of the Criminal Code of Canada, the sexual assault is defined when a sexual contact happens without the consent of both parties. Forcing the victim for sexual intercourse is a criminal offence. Along with that, the non-consensual touching, kissing, and caressing are also included under the sexual assault crimes.
The sexual Assault is committed when –
- Forcing the other person directly or indirectly without his/her consent.
- By applying force and threatening the person or manipulating the person to believing the person on reasonable grounds for his purpose.
- Carrying a weapon and threaten the person to surrender to his will
- This section combines the laws of sexual assault, sexual assault with a weapon, threatening and causing bodily harm, and provoked assaults.
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Other significant sexual offence laws under the Criminal Code of Canada—
Along with Section 256, there are other significant laws framed by the Criminal Code of Canada like section 151 to 152, 153, 160, 162, 163, 172, and 173. Depending on the charges, the Mississauga criminal defense lawyer explains it to the accused clients or their family. The penalties are also dreadful if proved convict by the court.
The other sexual assault laws are for sexual touching, exploitation of minors and persons with disability, incest and bestiality, indecent moves, child pornography, luring, cyber sex crimes etc.
Sentences to convicts—
Convicts charged with aggravated sexual offence can be sent to minimum 25 years to maximum lifetime imprisonment.
Sexual assault committed by threatening and with a weapon can be punished with 14 years of imprisonment
For indictable offence, the convicts are sent to 10 years of imprisonment
For summary conviction, the penalty is 6 months imprisonment and a penalty of $2000.
The Legal Move
To prove the accused to be the convict, the police and the Crown look into the evidence before the Mississauga criminal lawyers, to get their answers by interrogating the accused and by interacting with the victim. They mainly ask about the situation of the assault, the motive behind the crime committed, the body parts touched, the violence caused by intercourse and so on.
A Mississauga criminal lawyer also looks for the evidence to prepare their case. With their experience in winning cases of sexual assaults, they implement their smart tactics to plea for the bail on behalf of the accused.