Assaulting a Police Officer – The Implications of the Charge
In the Criminal Code of Canada, assaulting a police officer falls under section 270:
This is obviously a serious charge as the Courts need to protect the Police in the lawful execution of their duties.
However and with the greatest respect to honest Police officers and the difficult situations they sometimes face, this charge is often used in circumstances where the accused has been the recipient of “excessive” force on the part of the police.
Simply put, the police state that the force they used was reasonable and needed in the circumstances to respond to the conduct of the accused.
The recent use of cell phones, surveillance cameras and other video devices has focused attention on police misconduct.
If you have been charged with this offence, contact a lawyer as soon as possible. It may be that there is video that can be obtained. At Zamani Law we have on a number of occasions been able to find video that shows a different version of the facts from what was alleged by the police. In addition where there is more than one police witness, effective cross examination can often show inconsistencies in the police version of the facts.
Criminal Code Provision Section 270 (1)
270 (1) Every one commits an offence who
- (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
- (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
- (c) assaults a person
- (i) who is engaged in the lawful execution of a process against lands or goods or in
- (ii) with intent to rescue anything taken under lawful process, distress or seizure.
Punishment (2) Every one who commits an offence under subsection (1) is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
- (b) an offence punishable on summary conviction.
Sexual assault is an assault which is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. The test to determine if an assault qualifies under this definition is an objective one. (i.e. Would a reasonable observer perceive the assault as having the requisite sexual nature?)
Sexual assault includes many different factual situations from rape or fondling of private parts to a simple touching over clothes as in a “friendly pat on the buttocks”.
a. part of the body touched
b. nature of the contact
c. situation in which it occurred
d. words or gestures accompanying the act
e. threats or force
f. any intent of the person committing the act that can be derived from the circumstances
g. is the motive sexual gratification
There is no limitation period on a sexual assault charge. In fact historical sexual assault charges are quite common place in our courts. These are often more difficult for the Prosecution to prove.
Again, should you be approached regarding any type of sexual assault allegation whether historical or otherwise you should contact a lawyer immediately. Do not discuss the matter with anyone until you have spoken to a lawyer. You can reach Zamani Law 24/7 at 416-627-1318.
DNA evidence is sometimes used by the Crown Attorney to substantiate physical contact between two parties. There are numerous cases where a suspect has stated (not having spoken to a lawyer) that there was no contact whatsoever with the complainant, only to discover later that the prosecution is able to prove contact through DNA evidence. We cannot over-emphasize how important it is that you speak to a lawyer at the earliest possible opportunity.
The charge of sexual assault covers many different scenarios, from non-consensual intercourse (rape) to the mere touching in any way for sexual gratification over clothing or otherwise. Unfortunately, regardless of the seriousness of the allegations a conviction for this charge carries serious consequences.
The Consequences of a Sexual Assault Charge – Summarized
Sex crime accusations have the potential to ruin lives. A conviction can mean prison time, but it also carries life-long consequences. Sex offender status can prevent you from getting a job and in some cases can result in the loss of employment. You may be required to report your movements and you could be blocked from travelling outside Canadian borders. Beyond that, there is a stigma that attaches to those found guilty of sex crimes that can forever change the way others view you.
Aside from the possibility of jail and lengthy probation, any person convicted of sexual assault will be registered under SOIRA (Sexual Offender Information Registration Act) which creates a National Sex Offender Registry. In addition to the information normally stored on this registry, the Government of Canada has now introduced legislation that will require every person on the Registry to report all international travel plans prior to departure so that the Government can inform that country of the person’s intention to travel there. Obviously this will likely result in many individuals being declined entrance to those countries.
If you are under investigation for a sexual assault allegation, or suspect that you may be a suspect it is imperative that you consult counsel immediately. The Police will either arrest you or ask you to come to the station to answer questions. It is their job to attempt to illicit a confession and they will utilize many different tactics of interrogation to do so including pretending to be your friend and playing on guilt. They are also permitted by law to mislead and lie to you to accomplish their goal.
Every person has the right to remain silent and that right should often be exercised in these circumstances.
Give us our team of Criminal Lawyers a call. We have won and handled these cases. There is a variety of defenses available to you.
- It did not happen.
- It did happen but it was not sexual.
- It did happen but the complainant consented….This defence of consent does not apply in all cases.
- Mistaken belief as to consent (again this defence has limitations).
- Mistaken belief as to age (this defence has limitations).
You will need a Criminal Laywer who specializes in sex assault cases to help you.
Lie Detector tests are not admissible in court as they can be unreliable and are controlled by the person conducting the test. Suspects in sex assault cases are often asked by police to perform a lie detector test conducted by them. Due to the unreliability we never suggest that our clients agree to undergo this procedure. However, the refusal to agree to a lie detector test by the suspect can be construed by the Police as an indication that there is something to hide, and that the suspect is actually guilty. It is important in our opinion that the refusal to conduct a lie detector test be conveyed to the Police through counsel. The Police understand that most if not all lawyers refuse to have their clients take the test. Therefore the refusal to do so from a lawyer does not necessarily connote a consciousness of guilt.
If you are charged with sexual assault you should retain counsel as soon as possible. You have the continued right to remain silent. You should not be discussing your case with anyone who could be called as a witness. In some instances, a private investigator has to be hired immediately to obtain witness statements while the facts are fresh.
Our Criminal Lawyers specialize in Sex Assault Charges. We can attend many court appearances on your behalf so you will not have to go.
These cases are difficult for the Crown to prove and it is very important in almost all historical sex assault cases that a suspect or an accused does not have any discussions at all with the police.
For all of these reasons, it is critical that you have a skilled, knowledgeable sex crime defence lawyer on your side. The lawyers at Zamani Law have extensive experience in this area and have successfully defended numerous individuals facing these charges.