What is Aggravated Sexual Assault?
A person is guilty of aggrevated sexual assault if in the course of a sexual assault, that person wounds, maims, disfigures, or endangers the life of the victim. All these qualifiers have complex legal definitions that I can help you understand. Aggravated Sexual Assault is a complicated criminal code offence where depending on the nature of the charge, you could be facing imprisonment for life.
As with a charge of Sexual Assault, Sexual Assault with a Weapon, or Sexual Assault Causing Bodily Harm, implied or mistaken belief in consent is not a defence. The Crown Attorney may prove lack of consent if the victim simply testifies that he or she never gave it. Such assertions however, are weighed in light of all the evidence. As defence counsel I can help you navigate these issues should your matter proceed to trial, and provide the best possible defence.
What are the Penalties of aggravated sexual assault?
The maximum term of imprisonment for this offence is imprisonment for life. Minimum terms of imprisonment may also apply depending on the nature of the charge. I can help you further understand just how much jail time you’re facing.
As with Sexual Assault, you will also be required to be placed on the national (SOIRA – Sexual Offender Information Registration Act) and provincial (OSOR – Ontario Sexual Offender Registry – often referred to as Christopher’s Law) sexual offender registers. Under the federal statute SOIRA, you will be required to remain on the registry for 10-years, 20-years or life, depending on the sentence on a finding of guilt. In the case of the OSOR, you will be required to be on the Registry for a period of 10-years, or possibly for life.
What to do if you have been charged with Sexual Assault with a Weapon?
There is a time and place to tell your side of the story. This time and place IS NOT THE POLICE STATION. You have a right to remain silent and speak with a lawyer. Do so! Aggravated Sexual Assault is one of the most serious offences under the criminal code. I will investigate and exhaust all avenues of defence in taking this case just as serious.
You may qualify for Legal Aid: See Legal Aid Ontario Information.
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