Sexual offence is one of the most heinous activities one can perform. It causes mental and physical suffering to the victim. The pain is real!
And if that wasn’t enough, comes the complications of the court to add to the stresses. The only person who can rescue you in this difficult phase and ensure proper justice is an experienced Criminal defence lawyer.
Before jumping any further, let’s understand sexual offence first.
What is a Sexual Offence?
Any kind of sexual activity directed against another person without taking their consent is known as a sexual offence. Simply put, any kind of unwanted contact falls under the sexual offence. Rape, assault by penetration, child sexual abuse, and drug-facilitated sexual assault are some examples of this crime.
When investigating a sexual offence, the following factors are considered:
- The area of the body touched forcefully
- Contact nature
- The condition under which the act was done
- Any words, threats, and gestures accompanying the sexual act
Any gender of a person can be the victim of the sexual act. There is no such thing as only gender will be labelled as the victim. Besides, the attacker can be either the opposite or the same sex as well. Lastly, if a spouse even tries to force the other spouse, it will ideally fall under the sexual offence.
N.B: Canadian law has no statute of limitation when it comes to sexual crimes. That is, the complainants can file charges against the culprit even after several years of passage.
Most Common Types of Sexual Offence
Sexual offence comprises a broader range of activities. Below is the list of the most common types of sexual offences that most people fall a victim of:
Rape
Rafe refers to forceful sexual conduct, often physical sex or intercourse. However, there will be no consent from the victim.
Sexual Assault
Sexual assault happens when someone intentionally tries to make contact or inappropriately touches another without consent. This contact can be made using any body parts or objects.
Assault by Penetration
This term refers to a situation where one person forcefully contacts by penetrating into the vagina or anus of another person. Such as any body part or objects usages.
Child Sexual Abuse
Any person under the age of 18 years is considered a child by law. Hence, any kind of forcing or inciting a child to participate in a sexual act, whether they are aware of it or not, directly falls under child sexual abuse.
By child sexual abuse, it doesn’t necessarily mean only physical contact. Instead, it covers a wide range of activities, such as masturbation, kissing, rubbing, touching inappropriate body parts outside of clothing, taking naked pictures or making videos, watching porn with them, and exploiting or grooming a child for future abuse (prostitution).
Domestic Violence
Domestic abuse is the kind of sexual abuse that happens in a marriage or cohabitation relationship where one partner forces another one to get into a sexual act.
Many people think that by getting into a relationship, especially by law, one can do whatever they feel like, without the other person’s permission. This is where things need to be corrected.
Whether you want to have a sexual intercourse should be the consent of both the partners. Hence, if any partner forces the other one, it also falls under sexual offence.
Sexual Exploitation
By sexual exploitation, it is meant the situation where one person uses their power to force the other person to get involved in a sexual act with them. For instance, a person is dependent on you to offer food, shelter, or any other basic necessities. So in return, they have to fulfill your sexual desires whenever they want to.
Elderly Sexual Assualt
If any person forces an elderly (aged 65 years or more) to have sexual intercourse or touch inappropriately, it is considered as elderly sexual assault.
Groping
When a person sexually touches another person without taking their permission, it is known as groping. This can happen under or over clothes.
Mass sexual assault
If the sexual assault takes place with the involvement of a large number of persons, it is known as mass sexual assault. Here, each of the culprits will get equal punishments as given by the court.
What Is the Punishment for Sexual Assault in Canada?
Anyone found guilty of committing a sexual act has to face the below punishments:
- In case of an indictable offence, the culprit will serve a prison sentence of not more than 10 years.
- For the summary conviction, the accused is liable to a jail sentence not exceeding 18 months.
To Conclude
Sexual offence is one of the most heinous activities that no explanation can justify the ground that has forced one to commit it. Canadian criminal law is also very strict when it comes to handling these kinds of offences.
Hence, for any kind of similar situation, make sure to get legal support as soon as possible. From legal paperwork to guiding you on the right track, investigating, and gathering evidence–they will work as a saviour right from the beginning.
