FAQs
What is Child Sexual Assault?
Child sexual assault is a very serious charge. If you or a loved one is under investigation or prosecution for sexually assaulting a minor, the gravity of the charges – and the potential sentences imposed by courts – make immediate consultation with an experienced and skilled criminal defence lawyer essential. A conviction for such an offence can destroy your reputation, livelihood, and future. You need a knowledgeable lawyer in Calgary who will fight to preserve your rights to a fair prosecution and trial.
Let’s take a closer look at child sexual assault offences.
Sexual Interference Offence
This offence has the following elements, each of which must be proved by the prosecution beyond a reasonable doubt:
- Touching the body of a child under 16 years old
- The touching is done with an object or a part of the accused’s body
- The touching is done for a sexual purpose
Invitation to Sexual Touching Offence
This offence is made up of the following elements, each of which must be proved by the prosecution beyond a reasonable doubt:
- Asking or inviting a child under 16 years old
- To touch the body of anyone else
- For a sexual purpose
The experienced Calgary child sexual assault lawyers at Wilson Criminal Defence can protect your interests throughout the investigative process, any subsequent prosecution, trial, and disposition.
Sexual Offences Against Children
Under the Canadian Criminal Code, there are sixteen possible charges pertaining to sexual crimes against children:
- Sexual interference
- Invitation to sexual touching
- Sexual exploitation of a young person
- Anal intercourse
- Bestiality
- Parent or guardian procuring sexual activity of a child
- Householder permitting sexual activity
- Exposing genitals to a child
- Vagrancy
- Offences in relation to juvenile prostitution (Living off the avails of child prostitution or attempting to obtain the sexual service of a child)
- Incest
- Corrupting children
- Indecent acts
- Sexual assault
- Sexual assault with a weapon, threats to a third party or causing harm
- Aggravated sexual assault
Timely retention of experienced Calgary child sexual assault lawyers at Wilson Criminal Defence secures for you skilled legal assistance throughout all of the stages of a criminal investigation and prosecution.
Other Elements of the Law: Consent
Prosecution for child sexual crimes often might include contested claims of consent. Sexual contact without consent is always a crime. However, special rules apply to children.
Children under the age of 12 are never capable of giving consent to sexual touching or activity. Children between the ages of 12 and 14 are not deemed able to give consent except in limited circumstances among their age peers. Children between 14 and 18 are still protected from sexual exploitation by narrowing their capacity to consent. Consent is not valid if the person touching the child for sexual purposes is in a position of trust or authority, or if there is a relationship of dependency.
It is not a defence to claim that the child appeared to be of consenting age.
Adolescents experiment sexually with each other. Therefore, consensual sexual activity between minors who are close in age is not a crime in Canada. Consent can be given by a child between the ages of 12 and 14 if the sexual partner is under the age of 16; less than two years older; and the sexual partner is not in a position of trust or authority over the child or in a relationship of dependency on the sexual partner.
The age of consent to anal intercourse is 18 unless the couple is married.
Criminal Prosecution Many Years Later
Because of the secrecy and shame surrounding child sexual activity and its pervasive underreporting, Canada permits prosecution for child sexual offences many years later. As time passes, witnesses might die or move away, memories fade, and physical evidence goes stale. However, there have been numerous successful prosecutions for offences that occurred decades ago. Calgary child sexual assault lawyers at Wilson Criminal Defence can offer you the best defences available under law.
Enforcing the Charter of Rights and Freedoms
Remember that you have the right to remain silent. Police techniques can pressure suspects to tell their version of the story early in a criminal investigation. Never speak to police without counsel present!
Our criminal defence lawyers will examine the circumstances of any statements given to police to ensure that your rights were fully respected, and if not, that resulting evidence will be excluded if due to police misconduct. Illegal searches or failure to permit access to a lawyer while being interrogated can also result in excluding evidence from trial.
Call us to Arrange a Confidential Consultation
Your future and your freedom are on the line. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call us today at 403-978-6052 or contact us online for a free, no-obligation consultation.
About Cory Wilson
Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.