Being accused of, and subsequently charged with, sexual assault in Canada is a serious occurrence with the potential to change the course of your life, employability and personal freedoms permanently. Few crimes carry the stigma associated with sexual offences, and those convicted of charges of sexual assault and/or sexual interference in Vancouver will likely find themselves facing significant jail sentences, being required to register in the National Sexual Offender Registry, reduced ability to travel internationally and other lifelong repercussions.
At Vayeghan Litigation, we know the importance of accused parties having experienced legal representation when facing the complex nature of criminal allegations. Founded by Mo Vayeghan, a former Criminal prosecutor and Ivy League educated lawyer, our team is here to provide comprehensive criminal defence and to fight for the best possible outcome for defendants.
If you have been accused of sexual assault, below are some of the most important elements to be aware of as you move forward. Read on to learn more.
How is Sexual Assault Defined in Canada?
The definition of sexual assault is informed by multiple sections of the Canadian Criminal Code, with section 265 (the definition of assault) and 273.1 (the definition of consent) building the foundation for charges associated with sexual assault, aggravated sexual assault and sexual assault with a weapon. Put simply, sexual assault occurs when someone intentionally touches another person in a sexual manner (i.e. the “sexual act”), without that person’s consent.
The definition of what constitutes a sexual act is quite broad. The following provides a brief explanation of what falls into each specific category of sexual assault and how that influences potential sentencing outcomes.
271 (Sexual Assault):
Sexual assault occurs when a person is touched in any way that interferes with their sexual integrity.
Sexual acts encompass activities such as kissing, touching, intercourse, or any other form of sexual activity that occurs without consent. This can include inappropriate touching, unwanted kissing, or non-consensual oral, vaginal, or anal sex.
Sexual assault charges involving a victim younger than 16 years old, the maximum sentence is 14 years in prison.
For cases involving a victim over the age of 16, the accused can face up to 10 years in prison.
What is Consent?
Consent for sexual activity must be voluntary, meaning it must be freely given without any form of manipulation, coercion, or pressure. If consent is obtained through threats, blackmail, or physical force, it is not true consent.
The law requires that a party must give “enthusiastic consent” to sexual activity. This involves active and willing participation in sexual activity.
Furthermore, consent must be ongoing, meaning it can be withdrawn at any time during sexual activity. The law demands that each person must ensure their partner remains comfortable and consenting throughout the interaction. Consent is also specific to each act and person; agreeing to one act does not imply consent to others. Additionally, consent must be given by someone who is conscious, sober, and in a sound state of mind. If someone is too intoxicated to give clear consent, sexual contact should not occur. The responsibility to ensure sobriety and capability to consent lies with the person initiating the sexual contact.
272 (Sexual Assault With a Weapon/Threats to a Third Party/Causing Bodily Harm):
Sexual assault causing bodily harm is considered a major high-level offence and incurs serious penalties for the accused if found guilty. At this level, several additional factors inform the severity of the crime, including the use of a weapon, threats to a third party, and sexual assault causing bodily harm.
Examples may include committing sexual assault while holding a weapon and/or while using a weapon (or imitation) on a victim, committing sexual assault while threatening to use a weapon, threatening harm to the child, parent, or significant other to initiate or continue the assault, and sexual assault that results in bodily harm to the victim. Accused parties in cases involving a victim under the age of 16 face sentences of up to life imprisonment and up to 14 years for crimes involving a victim over the age of 16.
273 (Aggravated Sexual Assault)
Aggravated sexual assault occurs when the victim is severely injured, maimed, wounded, disfigured, or when the victim’s life is put in danger by the assault.
Aggravated sexual assault incurs serious punishment and carries the potential for a life sentence, regardless of the age of the victim. Extenuating factors like whether it is a first or repeat offence, whether a weapon is used (which may be compounded with 272), and the severity of the wounds can influence the sentencing outcomes of an aggravated sexual assault conviction.
I’ve Been Accused of a Sex Crime, What Do I Do?
If you’ve been accused of sexual assault, it is imperative to take action to protect yourself and prepare to fight such allegations immediately. Knowing how to defend yourself is crucial to avoiding severe, long-lasting personal ramifications that damage your quality of life and reputation.
If you are facing criminal charges for a sex crime in Vancouver, British Columbia, the following steps are essential to protecting your best interests and defending against serious allegations that could lead to significant jail time upon conviction.
First Steps
Speak to a Criminal Lawyer
Whether you have been accused or formally charged with a sex crime, it is essential to speak to a criminal lawyer as soon as possible. Such allegations are taken extremely seriously in the courts, even if they are falsely levied against you. Retaining legal representation helps to protect your rights and ensures you have the right knowledge and information throughout the entire defence process.
Partnering with a trusted attorney with a proven track record of success helps you form the best case for defence possible. Retaining the right lawyer is often the difference between a severe conviction, dismissed charges, and reduced sentences where possible.
Remain Silent
Being accused of a sex crime is an emotional experience, and it is likely that you will feel overwhelmed. Do not speak to the police without consulting your lawyer, and avoid involving outside parties wherever possible. This means exercising discretion when it comes to using social media, speaking with friends, and even discussing legal matters with family members. Remember: anything you say or do may be used against you in court.
Document Everything
Criminal cases are complex matters whose outcome largely depends on the information presented during the disclosure process. Those accused of any sort of criminal activity should be as diligent as possible in documenting all interactions with law enforcement, witnesses, their accuser, and others involved in the case. This includes preserving text messages and communications on any and all social media messaging apps, such as WhatsApp, Facebook Messenger, Instagram, Snapchat, and any other platforms used for communication.
Follow the Advice of Your Lawyer
Your criminal lawyer is there to protect your best interests and exercise their thorough knowledge of the Canadian legal system to build the strongest defence against your charge(s). To avoid unnecessary complications, it is integral that you follow their guidance and allow them to advocate for you using their expertise and experience.
Meet Vayeghan Litigation: Trusted Criminal Legal Counsel in Vancouver
One of, if not the most important, deciding factors in the outcomes of a criminal case is choosing the right legal representation. When facing charges for a sex crime, there’s rarely an opportunity for a second chance; while Vancouver offers no shortage of firms and attorneys to choose from, few understand both sides of the Criminal System like Mo Vayeghan.
As a former Crown Prosecutor with extensive experience at every level of the British Columbia judicial system, as well as an Ivy League education from Columbia Law School and training from The Bronx Defenders in New York City, Mr. Vayeghan and his associates are proud to defend Canadians against accusations of criminal activity including charges of sexual assault, assault, weapons offences, drug possession and trafficking, immigration matters, and more.
Mr. Vayeghan takes a proactive and assertive stance toward addressing criminal charges, focusing on building a precise foundation for a defence that’s ready to stand through Crown negotiations and criminal trials. As an experienced litigator, Mr. Vayeghan knows how to navigate the complexities of cross-examination, how the Crown approaches criminal cases at all levels, and how to prepare his clients to face the legal system with confidence and peace of mind.
Our team believes that your voice deserves to be heard, and that your rights must always be protected when facing criminal charges. With substantial experience obtaining acquittals, reduced charges, and even case withdrawals from the Crown, Mr. Vayeghan is here to fight for your right to fair and equitable representation for criminal matters in Vancouver and British Columbia.
CALL US NOW FOR A FREE CONSULTATION
If you’re facing an investigation or charges related to sexual assault, sexual interference, or invitation to sexual touching, don’t leave your future to chance.
CONTACT US NOW at 778-653-3995 or email us at law@mvlitigation.com to receive a free initial consultation today.
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