What is Sexual Assault with a Weapon and Sexual Assault Causing Bodily Harm?
Sexual Assault with a Weapon is not as self-explanatory as it sounds. You may be liable for this offence even if you do not possess a weapon, but threatened the use of one. If the Crown proves that the victim reasonably believed your threat could be carried out, you could be found guilty.
A weapon in this context is defined as an object that contributes harm to the victim. This object does not have to be designed to inflict harm such as a switch blade or a handgun.
In regard to Sexual Assault Causing Bodily Harm, you should be aware that it is not necessary for the Crown to show that the victim suffered physical bodily harm. Psychological harm may suffice.
What are the Penalties?
The maximum terms of imprisonment for this offence is 14 years. 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! As your defence counsel, I will methodically and meticulously review your case and investigate all possible areas of defence. I can also negotiate the best resolution possible.
You may qualify for Legal Aid: See Legal Aid Ontario Information.
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