Sexual Assault

Sexual Assault

Sexual assault largely centers around the issue of consent. A sexual assault charge can vary from touching that is sexual in nature to full penetration and the act of intercourse, without consent. The issue of consent relates to a person’s state of mind and their ability to give consent such as being intoxicated on alcohol or drugs, passed out, stoned, heavily medicated, dementia, Alzheimer’s, or being too young and not having developed the mental capacity to give consent. For a person to be able to give consent they need a clear state of mind and the ability to understand what they are consenting to. If they do not and sexual touching occurred, a Sexual Assault charge will likely arise.

Consent must be able to be given at the time of the act in question. Even if consent was given prior to sleeping or being unconscious the unconscious person cannot give consent at the time of the act. Therefore, there is no consent.

The age of consent is 18, however other factors are considered with regards to ability to consent.

Being convicted of a sexual assault charge can follow you throughout life. This can include being placed on the federal SOIRA – Sexual Offender Information Registration Act, and the OSOR – Ontario Sexual Offender Registry. A registered offender is required to stay on the registry for 10 years, 20 years, or life, depending on the severity of the crime and a guilty verdict. Those convicted of Sexual Assault often serve lengthy jail sentences.

At East Law we pride ourselves on being aggressive advocates. To win a Sexual Assault case, you must establish doubt as it pertains to the Complainant’s evidence. We have extensive experience in this regard. We are experts at highlighting to the Court a Complainant’s motivation to fabricate the allegations, along with the veracity of our client’s version of events. We truly leave no stone unturned in providing the best defence possible.

A free consultation with me is the best way to start. We will sit down and review your file. We will talk about the courses of action we can take, the likely outcomes, and of course – the best path forward.

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    John East

    ABOUT JOHN EAST

    B.A. (Hons), M.A., J.D.

    John East lives for a fight. He is not afraid to throw a punch and is certainly not afraid to take a punch. He then became a Criminal Defence Lawyer. Having spent many years working on a farm, John East understands that hard work is what wins out at the end of the day. He applies this motto to every case that he defends, no matter what.

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