Rape, is generally defined in the Criminal Code under sexual assault. but it is always an unwanted, unwelcome, or forced sexual act. A rape charge can also categorize statutory (underage) rape and date rape. The sexual assault lawyers at the Law Office of Regina Criminal Lawyers have defended their clients right to a fair trial in the past and are prepared to fight for you now. We understand that sometimes these allegations are unfounded and baseless. Our criminal defense lawyers will protect you from false claims.
One of the most difficult questions facing victims is whether or not they choose to report the crime to the police. It is their option to proceed with “pressing charges” against the accused. However, it is often not the accused who ultimately presses charges, but the Provincial Crown Prosecutor. The victim becomes merely a witness to the crime itself in the process of a criminal trial.
Penalties for Sexual Assault
The Criminal Code provides explicit penalties for sexual assault under section 271(a) regarding sexual assault. Everyone who commits a sexual assault is guilty of an indictable offence and is liable to imprisonment up to 10-years. However, if the complainant (plaintiff, or victim) is under the age of 16 years, a minimum imprisonment of 1-year will be automatically prescribed as punishment.
What Constitutes Consent?
Consent is the crux of the issue in many sexual assault crimes. It becomes a question of fact and law that will be determined during the trial. There are few set rules in terms of defining what constitutes consent and what doesn’t. However, the Criminal Code, under section 266(3) does specify some instances which do not constitute consent:
- The application of force to the complainant or to a person other than the complainant;
- Threats or fear of the application of force to the complainant or to a person other than the complainant;
- Fraud; or
- The exercise of authority.
Failure to Obtain Consent is an Act of Rape
Consent gets even more complicated when alcohol and drugs are involved in that it becomes a question of whether the victim had the capacity to consent. Again, the court will look at the totality of the evidence and decide.
Contact our Rape Defense Lawyers Today
The are few criminal records more damaging to your reputation than a sexual assault charge pertaining to rape. Your standing in the community is worth more than you know. Yet once it is lost, you may never be able to reclaim it. Contact the sexual assault lawyers at the Law Office of Regina Criminal Lawyers today.