Bail Hearings Defence Lawyer
At Bonn Law, we recognize the seriousness of being charged with sexual assault and the profound impact it can have on your life. Our seasoned criminal defence lawyers are dedicated to guiding you through each stage of the legal process with expertise and compassion. We are committed to vigorously defending your rights and striving for the most favorable resolution possible.
In Canada, the Criminal Code defines sexual assault as: unwanted sexual act done by one person to another or sexual activity without one person’s consent or voluntary agreement. It further details the crime of sexual assault based off severity as it relates to the degree of force used in the sexual assault. Bonn Law defends individuals charged with sexual assault by offering a strategic, compassionate, and meticulous approach tailored to the sensitivity of such cases.
Here's a breakdown:
Sexual Assault
Section 271: Sexual assault occurs if a person is touched in any way that interferes with their sexual integrity: this includes kissing, touching, intercourse and any other sexual activity without his/her consent.
Section 272: Sexual assault with a weapon, threats to a third party or causing bodily harm occurs if a person is sexually assaulted by someone who has a weapon or imitation weapon and threatens to use it; the offender threatens to harm a third person, a child or a friend if the person does not consent to a sexual act; the offender causes harm to the person; or more than one offender assaults the person in the same incident.
Section 273: Aggravated sexual assault occurs if the person assaulted is wounded, maimed, disfigured, beaten or in danger of losing her/his life while being sexually assaulted. Some laws focus on age. These laws were not created to stop teenagers from sexual activity, but to protect them from being taken advantage of by someone older or with more power. “Consent” is when you agree to a sexual activity with someone else. However, there are certain situations when someone cannot legally give consent:
- Anyone who is 12 or 13 cannot legally consent to sexual activity with someone who is more than 2 years older.
- Anyone who is 14 or 15 cannot legally consent to sexual activity with someone who is more than 5 years older.
- Anyone who is 17 and younger cannot consent to someone who is in a position of trust or authority (coach, teacher)
- Consent cannot be given if the person is pressured into sexual activity with violence, weapons, or threats.
- If someone us drunk or high, they cannot give legal consent. For example, if someone passes out due to drinking it is illegal to have sex with them. This is an extreme example of being too impaired.
- If someone is unconscious (for any reason) they cannot give legal consent.
Various levels of sexual assault:
- Sexual Assault Level 1 (s. 271): An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.
- Sexual Assault Level 2 (s. 272): Sexual assault with a weapon, threats, or causing bodily harm.
- Aggravated Sexual Assault Level 3 (s. 273): Sexual assault that results in wounding, maiming, disfiguring, or endangering the life of the victim.
Key Elements of Sexual Assault
To prove the offence of Sexual Assault the Crown must prove one that a person applied force to another person in which the complainant’s sexual integrity through the following three;
- The intentional, non-consensual application of force.
- An attempt to threaten non-consensual application of force.
- Interfering with a person while having a weapon.
The Crown must prove that the complainant did not consent to the sexual act, or that the accused did not have a mistaken belief in that consent.
To defend against a sexual assault charge the lawyers at Bonn Law will meticulously review the evidence, compassionately listen to your version of events, and build a strong case on your behalf. The Lawyers will look for errors in the evidence, and see if they can identify and violations of your Charter Rights during the arrest process.
Penalties
There is no minimum penalty, but the maximum penalty is 14 years of imprisonment.
A conviction results in a criminal record, which can affect employment, travel, and more.
Why Choose Bonn Law for Your Sexual Assault Defence
Facing a sexual assault charge is a serious and life-altering experience. At Bonn Law, we understand the high stakes involved and are committed to providing you with the strongest possible defence.
Proven Experience in Criminal Defence
Our team has extensive experience handling a wide range of assault cases, including sexual assault. We know how to navigate the complexities of the legal system and build a strategic defence tailored to your unique situation
Personalized, Compassionate Support
We recognize that every case is different. That is why we take the time to understand your story, explain your legal options clearly, and support you through every step of the process. You are not just another case number – you are a person who deserves a fair defence.
Strong Track Record of Results
Bonn Law has earned a reputation for excellence in criminal defence. Our lawyers are known for their integrity, diligence, and results-driven approach. We fight to protect your rights and minimize the impact of criminal charges on your future
Local Knowledge and Courtroom Expertise
Based in Belleville, Ontario, we have deep knowledge of the local courts, judges, and prosecutors. This insight allows us to anticipate challenges and advocate effectively on your behalf.
Full-Service Legal Support
Whether your case involves complex evidence, multiple charges, or related legal issues, our team is equipped to handle it all. We collaborate closely to ensure no detail is overlooked.
Contact Bonn Law Today
If you have been criminally charged with sexual assault, do not wait to seek legal representation. Contact Bonn Law today. Let us help you navigate the legal process and secure the best possible outcome. Your future is our priority, and we are here to support you every step of the way.
Our lawyers practicing in this area include:
