Sexual Assault Charges

Calgary Criminal Defence Lawyers

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Sexual Assault Charges Lawyers in Calgary

Sexual offences/assaults have become increasingly prevalent in Calgary and its surrounding area. While the public often considers sexual assault synonymous with rape, such is not always true. A sexual assault is defined as a non-consensual application of force that is sexual.

Our Court of Appeal has recently stated that sexual assault covers a wide range of prohibited actions, from a stolen kiss to the worst forms of human degradation. With the large variation in charges for this subject, our sexual offence lawyers have years of experience to help you best.

The most significant component of our practice is the defence of individuals charged with sexual offences. Very few charges carry the stigma and jeopardy associated with sexual assault allegations. The consequences of a conviction are substantial and will often involve jail and a sexual offender designation. The stakes are high, and the prosecutions are unlike any other Criminal Code.

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Types of Sexual Assault in Calgary

An act of sexual assault is any unwanted sexual nature imposed on the victim without their consent, including:

  • Touching
  • Kissing
  • Anal penetration
  • Vaginal penetration
  • Oral sex

Lawyers in Calgary are aware that many factors are involved when it comes to being charged with a sexual assault offence. This can be from the extent of the assault, the victim’s age or if it is a repeating incident. Depending on the circumstances, the severity of the penalties can significantly increase. These can include:

  • If a weapon was used during the assault
  • Incest
  • Exploitation
  • Causing bodily harm
  • Intimate images are distributed
  • Choking, strangling, or suffocating to overcome resistance

Investigation of Sexual Assault Charges in Calgary

Sexual assault allegations typically start with the alleged victim or witness contacting the Police, and the incident is reported. An investigation will be initiated after the police request a written statement from the complainant and any witnesses.

As a violent crime, sexual assault requires a thorough police investigation. All witnesses to the offence are usually interviewed, surveillance videos are reviewed, weapons are seized, and photographs are taken. A forensic examination, or “sex assault kit,” is frequently conducted to gather DNA and medical evidence to prove an alleged victim’s injuries.

If the police have enough evidence to convince them that you are the perpetrator, they will arrest you on the scene or send a warrant out if you are not present.

The Crown Prosecutor decides whether or not to pursue the sexual assault charges against you, even if the complainant withdraws. The complainant can still be subpoenaed for a court appearance if they do not wish to pursue the charges.

The police will provide the Crown Prosecutor with all the collected evidence (disclosure package). One of our specialized sexual assault lawyers in Calgary can obtain this package for you. Once you have this information to see the evidence of your sexual assault charges, your lawyer will review it to assess the entire case and provide the legal defences they can give you.

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Sexual Assault Penalties

Criminal records, jail time, not to mention the damages it can cause to your family and career, sexual assault offences can have devastating consequences. Its long-term impact can damage relationships and employment. This is why it’s essential to have a lawyer specialized in sexual assault cases in Calgary that will represent you and your best interests.

Consequences of a Conviction

Sexual assault is one of the most severe offences in the Criminal Code. A conviction will result in a criminal record, with the Crown often seeking incarceration for a first-time offender.

Depending upon the charge, several ancillary orders will issue following a finding of guilt. These include requiring the accused to provide a DNA sample to the RCMP’s national database and potential residential and employment restrictions. Of most concern is the requirement for registration with the Sexual Offender Information Registry Act (SOIRA). SOIRA is a nationwide database that was created to assist law enforcement with the investigation of sexual offences.

If an accused is convicted of a SOIRA-designated offence, the presiding judge must issue a SOIRA order which varies in duration from 10 years to life. The order’s duration depends on the type of offence, the quantum of convictions, and the manner in which it has been prosecuted (whether it is prosecuted by a summary conviction election or by indictment).

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If you need assistance, we are available 24/7 403-263-4949

When to Hire a Sexual Assault Lawyer in Calgary

Connect with one of our lawyers Batting, Wyman Barristers today if you are facing sexual assault charges. Getting professional legal advice as soon as possible is essential, especially if you must make bail as the first defence step.

We offer a free 30-minute consultation. Give us a call at 403-263-4949. We are available 24/7 if you need assistance.

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Frequently Asked Questions

  • An assault is defined in the criminal code as a non-consensual application of force. While it is often synonymous with strikes and blows, an assault can constitute unwanted contact with some degree of force. Non-consensual touching is also a required element in the offence of sexual assault. An assault becomes a sexual offense if the touching has some sexual component. Sexual assaults are routinely treated more seriously by the Courts than the offence of common assault.
  • Amendments to the Criminal Code has greatly changed the manner in which sexual assault charges are defended. Consent has and always will be a prevailing issue in a sexual assault trial. The onus falls to the Crown prove the absence of consent beyond a reasonable doubt. Prior to the amendments, Defence counsel would routinely introduce evidence pertaining to the complainant’s prior sexual history in order to demonstrate that she was less worthy of belief. In response to this tactic, Parliament amended the Criminal Code to place limits on questioning regarding prior sexual activity. The code now prohibits such questioning in the absence of a pre-trial application. Section 276 governs the procedure by which the application occurs and written argument concerning the proposed evidence and its relevance to the trial are required. Suffice it to say that counsel partaking in the defence of such cases must be well versed on the relevant parameters of questioning as well as the needed applications that must be made well in advance of trial. An absence of such knowledge can be fatal in mounting a successful defence.
  • In Canada, no statute of limitations exists with respect to Criminal Code offences that are prosecuted by way of indictment. As such, we routinely represent individuals that have been charged with historical sexual allegations. These are allegations where the purported offences are said to have taken place years prior. While the prosecution of these allegations is permitted, special care is required in mounting a defence. One of the primary difficulties stems from locating potential witnesses that can corroborate the client’s version of events from many years ago. As our office routinely deals with these types of cases, meticulous preparation is required, often resulting in employing the services of a private investigator to assist.
  • Sexual assault is one of the most serious offences in the Criminal Code. A conviction will result in a criminal record with Crown often seeking incarceration for a first time offender. Depending upon the charge, a number of ancillary orders will issue following a finding of guilt. These include a requirement for the accused to provide a DNA sample to the RCMP’s national database, as well as potential residential and employment restrictions. Of most concern is the requirement for registration with the Sexual Offender Information Registry Act (SOIRA). SOIRA is a nationwide database that was created to assists law enforcement with the investigation of sexual offences. In the event an accused is convicted of a SOIRA designated offence, the presiding judge must issue a SOIRA order which varies in duration from 10 years to life. The duration of the order is dependent upon the type of offence, the quantum of convictions, as well as the manner in which it has been prosecuted (whether it is prosecuted by a summary conviction election or by indictment).

If you need assistance we are available 24/7

Call: 403-263-4949
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