Affordable Sexual Assault Lawyer
Are you looking for an Experienced Sexual Assault Lawyer with 25 years experience in Ontario who is also a Affordable Sexual Assault Lawyer?
Sexual Assault charges are very serious and if convicted can have long term consequences. What may have seemed as a consensual interaction between two adults to you can be considered Sexual Assault by the Police and Courts. You need to ensure your side of the story is heard and an affordable sexual assault lawyer will take the time to understand what happened from your perspective and will use these details to advise you on the best course of action.
When it comes to Sexual Assault charges you need to have an experienced criminal lawyer who has handled similar types of cases before. The lawyer should have very good experience in these types of cases because the consequences of being convicted is very horrible and may land you on the sexual offenders list in Ontario.
Please read the information below and if you have any questions feel free to contact Michael McKee Affordable Sexual Assault Lawyer anytime. Our offices are always open to answer any questions you may have.
What is the meaning of sexual assault?
Sexual assault is an assault which is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. The test to determine if an assault qualifies under this definition is an objective one. (i.e. Would a reasonable observer perceive the assault as having the requisite sexual nature?)
Sexual assault includes many different factual situations from rape or fondling of private parts to a simple touching over clothes as in a “friendly pat on the buttocks”. In fact, Daley, Byers recently successfully defended an accused charged with sexual assault who had allegedly patted an employee on the buttocks. All of the circumstances of the assault are examined including
a. part of the body touched
b. nature of the contact
c. situation in which it occurred
d. words or gestures accompanying the act
e. threats or force
f. any intent of the person committing the act that can be derived from the circumstances
g. is the motive sexual gratification
There is no limitation period on a sexual assault charge. In fact historical sexual assault charges are quite common place in our courts. These are often more difficult for the Prosecution to prove.
Again, should you be approached regarding any type of sexual assault allegation whether historical or otherwise you should contact a lawyer immediately. Do not discuss the matter with anyone until you have spoken to a lawyer.
DNA evidence is sometimes used by the Crown Attorney to substantiate physical contact between two parties. There are numerous cases where a suspect has stated (not having spoken to a lawyer) that there was no contact whatsoever with the complainant, only to discover later that the prosecution is able to prove contact through DNA evidence. We cannot over-emphasize how important it is that you speak to a lawyer at the earliest possible opportunity.
Consequences of Sexual Assault Charges
The charge of sexual assault covers many different scenarios, from non-consensual intercourse (rape) to the mere touching in any way for sexual gratification over clothing or otherwise. Unfortunately, regardless of the seriousness of the allegations a conviction for this charge carries serious consequences.
The Consequences of a Sexual Assault Charge – Summarized
Sex crime accusations have the potential to ruin lives. A conviction can mean prison time, but it also carries life-long consequences. Sex offender status can prevent you from getting a job and in some cases can result in the loss of employment. You may be required to report your movements and you could be blocked from travelling outside Canadian borders. Beyond that, there is a stigma that attaches to those found guilty of sex crimes that can forever change the way others view you.
Aside from the possibility of jail and lengthy probation, any person convicted of sexual assault will be registered under SOIRA (Sexual Offender Information Registration Act) which creates a National Sex Offender Registry. In addition to the information normally stored on this registry, the Government of Canada has now introduced legislation that will require every person on the Registry to report all international travel plans prior to departure so that the Government can inform that country of the person’s intention to travel there. Obviously this will likely result in many individuals being declined entrance to those countries.
If you are under investigation for a sexual assault allegation, or suspect that you may be a suspect it is imperative that you consult counsel immediately. The Police will either arrest you or ask you to come to the station to answer questions. It is their job to attempt to illicit a confession and they will utilize many different tactics of interrogation to do so including pretending to be your friend and playing on guilt. They are also permitted by law to mislead and lie to you to accomplish their goal.
Every person has the right to remain silent and that right should often be exercised in these circumstances.
Give us our team of Affordable Sexual Assault Lawyers a call. We have won and handled these cases. There is a variety of defenses available to you.
1. It did not happen.
2. It did happen but it was not sexual.
3. It did happen but the complainant consented….This defence of consent does not apply in all cases.
4. Mistaken belief as to consent (again this defence has limitations).
5. Mistaken belief as to age (this defence has limitations).
You will need a Criminal Laywer who specializes in sex assault cases to help you.
Lie Detectors Employed for Sex Assault Charges
Lie Detector tests are not admissible in court as they can be unreliable and are controlled by the person conducting the test. Suspects in sex assault cases are often asked by police to perform a lie detector test conducted by them. Due to the unreliability we never suggest that our clients agree to undergo this procedure. However, the refusal to agree to a lie detector test by the suspect can be construed by the Police as an indication that there is something to hide, and that the suspect is actually guilty. It is important in our opinion that the refusal to conduct a lie detector test be conveyed to the Police through counsel. The Police understand that most if not all lawyers refuse to have their clients take the test. Therefore the refusal to do so from a lawyer does not necessarily connote a consciousness of guilt.
If you are charged with sexual assault you should retain counsel as soon as possible. You have the continued right to remain silent. You should not be discussing your case with anyone who could be called as a witness. In some instances, a private investigator has to be hired immediately to obtain witness statements while the facts are fresh.
Our Criminal Lawyers specialize in Sex Assault Charges. We can attend many court appearances on your behalf so you will not have to go.
Historical Sexual Assault Allegations
These cases are difficult for the Crown to prove and it is very important in almost all historical sex assault cases that a suspect or an accused does not have any discussions at all with the police.
For all of these reasons, it is critical that you have a skilled, knowledgeable sex crime defence lawyer on your side. The lawyers at Daley, Byers have extensive experience in this area and have successfully defended numerous individuals facing these charges.
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, touches, 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.
Now is not the time to delay! Your reputation, future, and freedom and ability to continue driving are too important. In all cases, you are well advised to immediately speak with Affordable Sexual Assault Lawyer Michael McKee so he can evaluate your case, get your side of the story, and relentlessly defend you against your charges.
Finding a Sexual Assault Attorney who has experience is not easy. Contact our office so we can help form a solid defense, keep you free and your record clean. If you need a affordable sexual assault lawyer in Richmond Hill and beyond contact us today.