SEXUAL ASSAULT DEFINED
In essence, sexual assault involves an unwanted touching of a sexual nature. The charge of sexual assault arises therefore, when an allegation is made that an accused violated the sexual integrity of a complainant for a sexual purpose. The assault portion of the offence is touching with the intention to touch. The sexual purpose is defined by both the act and the surrounding circumstances.
DEFENCES TO SEXUAL ASSAULT
The most common defences to a sexual assault charge is a denial (ie – “I didn’t do it”), or consent (ie – “we agreed to have sex”). Consent is not established however, where the Client was willfully blind or reckless as to whether consent was obtained. An intoxicated person also cannot consent. The defences to sexual assault often require delicate, but nevertheless effective handling of a complainant(s), some of whom can be quite young.
Mr. Israels’ 25+ years of experience and success in handling sexual assault cases (as both Crown and Defence), serves as a strong tool when analyzing and defending such cases; including Mr. Israels’ ability to effectively cross examine children, teenage, and adult complainants – contributing to his successful results (see Recent Cases).
Sexual assault cases are often serious and complex matters which require detailed, careful, and effective handling. Protect yourself with Mr. Israels – an experienced, detail oriented, and well prepared Criminal Defence Lawyer.
The criminal offence of sexual interference involves a person, who, 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. This offence carries a minimum jail sentence if the Accused person is convicted. If the Crown proceeds Summarily (the “less” serious means of proceeding with a criminal charge), the Accused person faces a minimum of 14 days in jail and up to 18 months. Should the Crown proceed by Indictment (the “more” serious method), an Accused person faces a minimum of 45 days in jail and up 10 years. When facing such a serious sexual offence such as this, it is essential that a person have an experienced and well prepared Criminal Defence Lawyer like Mr. Israels, in order to effectively handle their case – there is no second chance.
INVITATION TO SEXUAL TOUCHING
The criminal offence of invitation to sexual touching involves a person, who, for a sexual purpose, 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. This criminal offence carries a minimum jail sentence. If the Crown proceeds Summarily (the “less” serious means of proceeding with a criminal charge), the Accused person faces a minimum of 14 days in jail and up to 18 months. If instead the Crown proceeds by Indictment (the “more” serious option), the Accused faces a minimum of 45 days in jail and up 10 years. Once again, it is critical that a person charged with such a serious criminal offence, have an experienced and well prepared Criminal Defence Lawyer, such as Mr. Israels.
DEFENCES TO SEXUAL INTERFERENCE AND INVITATION TO SEXUAL TOUCHING
In Canada, the age of consent is 16 years old; which translates in law to the fact that a person under the age of 16 (subject to the age of the Accused), cannot consent to any form of sexual touching or sexual activity. As a result, the only defence to the charges of sexual interference and/or any form of sexual touching with a person under the age of 16 years old is a denial of the act itself, or the defence of honest but mistaken belief as to the age of the complainant. When putting forth a “denial” defence of “I did not do it”, the Client is generally required to testify in order to refute the allegation. In terms of the defence regarding honest but mistaken belief, here too the Client will usually have to testify in order to outline the appropriate steps s/he took in order to determine the age of the complainant as being 16 years of age or older. These defences often require delicate, but nevertheless effective handling of a complainant(s), some of whom can be quite young.
Mr. Israels’ experience and success in dealing with sexual assault cases (see Recent Cases), provide him with an effective tool in cross examining children and teenage complainants under the age of 16 years old. In light of the fact that the Client typically will testify in these sorts of cases, it is equally as important to ensure that the Client is well prepared for cross examination conducted by the Crown. Given Mr. Israels’ former training as a Prosecutor, he knows and understands the types of issues and typical questioning that relate to such offences – all of which is canvassed with the Client to ensure that he or she is properly prepared to make full answer and defence, to the specific criminal charge.
If you are under investigation or facing any criminal offence(s) related to any of the above – sexual assault, sexual interference, and/or invitation to sexual touching – contact the law office of Jonathan J. Israels, to ensure that you receive the benefit of Mr. Israels’ experience and abilities – providing you the strong defence that you deserve.