- Sexual Assault
- Sexual Interference
- Sexual Exploitation
- Possession of Child Pornography
- Solicitation of Prostitute
- Indecent Exposure
What is Sexual Assault?
An assault – in the sexual nature – that is done on another person is considered sexual assault, as well as any sexual act that is committed on another person, without that person’s consent. In Canada, sexual assault is an extremely serious crime. Even being accused of sexual assault in Canada can have everlasting – and damaging – effects on a person’s image and reputation. If an individual has been accused of sexual assault, there are defenses available; each defense will depend on the various aspects of the case, including the age of the complainant.
Sexual assault victims can be either male or female, and the attacker could be the same gender as the person who has accused them of the assault. People who are married can be charged with sexual assault by their spouse.
Defenses to Sexual Assault:
Consent: A court must accept that the sexual assault did in fact occur. This would require the prosecution to prove that the accused person forced the victim, without his or her consent. Remember that consent may be implied; it may also be given through expression. The surrounding circumstances often determine if consent was implied. A Consent is not a valid defense in certain cases such as where children are involved.
Mistaken Belief in Consent: Even if the accused did not receive consent, he or she could argue that they truly believed the complainant had in fact consented to the sexual encounter. Sometimes a mistaken belief in consent is honest, and it could be used as a defense.