Charged with Aggravated Sexual Assault
Our criminal lawyers have extensive experience defending all types of sexual assault cases. Being charged with “Aggravated Sexual Assault” is extremely serious. When we defend our clients no stone is left unturned; every possible avenue of defence is pursued. We have successfully helped others charged with aggravated sexual assault and we can help you.
The Summary of an Aggravated Sexual Assault Charge
If a person wounds, maims, disfigures or endangers the life of a complainant during the commission of a sexual assault, that person is guilty of the indictable offence of aggravated assault and is liable to imprisonment for life. There are also other minimum punishments and factors that impact sentence, for instance: age of the complainant, if weapons were involved, and criminal history.
A sex assault is defined as an assault that a reasonable person would consider to violate the sexual integrity of the complainant. This simple means that a “pat on the buttocks” can in certain contexts be sufficient to fit the definition of sexual assault. Aggravated sexual assault is at the other end of the spectrum. In these cases there is an onus on the Crown Attorney to prove beyond reasonable doubt that the sexual assault actually, maimed, disfigured, wounded or endangered the life of the victim.
Section 273: Aggravated Sexual Assault
Potential Consequences of being charged with “Aggravated Sexual Assault”
273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;
(a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
(b) if any other case, to imprisonment for life.
(3) In determining, for the purpose of paragraph (2)(a) whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a) an offence under this section;
(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
(c) an offence under section 220, 236, 239, or 272, subsection of 279 (1) or section 279.1.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
Potential Consequences of being charged with “Aggravated Sexual Assault”
What you need to do
If you or someone you know has been charged with “Aggravated Sexual Assault,” it is imperative that you speak to a lawyer as soon as possible. Whether you have been charged or are under investigation, a lawyer can protect your rights and interests. Talk to our criminal defense lawyers; we’ve worked with clients facing all types of sex assault charges. Our relentless attention to detail, our commitment to provide the best defence possible and our experience with the judicial process, (Judges, Crown Attorneys, Police and the Courts) coupled with our extensive experience in this area of law will provide you top quality defence that you need.
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years.
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
172.1 Makes it an offence to communicate by means of telecommunication with a person who is or who the accused believes is under the age of 16 years for the purpose of facilitating the commission of the offence under this section.
172.2 Makes it an offence to agree with a person or make an arrangement with a person by means of telecommunication to commit an offence under this section with a person who is or who the accused believes is under the age of 16 years.
This offence is punishable by indictment or by way of summary conviction. The Criminal Code provides for mandatory minimum jail sentences – 1 year if the Crown proceeds by indictment and 90 days if the Crown proceeds summary conviction. Mandatory registration on SOIRA (the National Sex Registry) and the Ontario Sex Registry (Christopher’s Law) follows a conviction. In addition restrictions on your freedoms after serving a jail sentence are the norm, including a term of probation, limited use of internet or digital networks, attendance at parks, community centres or any place a person under the age of 16 may reasonably be expected to be and other ancillary order.
Note: If you are in a position of trust or authority, the age extends to 18 instead of 16.
Just facing the charge of invitation to sexual touching can attract public scrutiny and negativity. It is important to restrict the publication through all legal remedies. For example, a ban on publication at a bail hearing is crucial. If convicted the ramifications are significant and include a minimum jail sentence and mandatory registration on SOIRA (National Sex Registry) and CHRISTOPHER’S LAW (Ontario Sex Registry). A probationary term after serving a sentence is common combined with court orders restricting attendance at various locations and use of the internet or digital networks. In addition there will be travel implications.
We can help
We have extensive experience defending the charge of invitation to sexual touching. We have clients found not guilty after trial. We have successfully negotiated a withdrawal of the charge. We have successfully negotiated a reduction to a lesser charge. In some cases we have been able to avoid the charge being laid altogether (where a client has called us in the investigative process). It is important that you understand the law, and how it applies to your particular circumstances. You need to know all the possible options available to you. You are an integral part of our defence team and together we can present the best legal defence possible. All is not lost, we have helped others and we can help you.