CALGARY CHILD SEXUAL ASSAULT LAWYERS
A conviction for a child sexual assault has far-reaching consequences that will negatively impact your future, freedom, and family. If you or a loved one is under investigation or prosecution for sexually assaulting a minor, you need a skilled and knowledgeable Calgary lawyer who knows how to fight for your rights.
Child sexual assault includes the following 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
Penalties for Child Sexual Assault
Parliament recently increased mandatory minimum jail sentences for child sexual assault offences. Negotiating the form of indictment presented by the Crown impacts the imposition of sentencing. You may be eligible for a significantly lower minimum jail period, which is why timely consultation with Wilson Criminal Defence is so important.
Minimum terms of confinement are:
- Incarceration of 1 year pursuant to the Indictable procedure
- Incarceration for 90 days pursuant to the Summary Conviction procedure
These are just the minimum sentences. Prosecutions for child sexual assault can result in far more severe penalties:
- A maximum of 10 years in prison
- Inclusion in the National Sex Offender Information Registry for 20 years
- Probation for a 3-year minimum
- DNA sample included in DNA databank
- A prohibition against owning firearms or other weapons
- A prohibition against being near places where children congregate, i.e., pool, school grounds, or parks
Serious Consequences for Sexual Assault of a Child
In addition to registration as a sex offender, which requires regular reporting and oversight, and might last a lifetime, a conviction for sexual assault of a child can have a far-reaching impact on where you live, how you work, your family, and, of course, your reputation. Seasoned criminal defence lawyers understand the law, the dynamics of prosecutor offices, and have an understanding of the complex motivations behind children claiming assault. Early intervention by Calgary child sexual assault lawyers at Wilson Criminal Defence can secure your rights to a fair procedure.
Defences for Child Sexual Assault
Child sexual assault charges often occur without physical evidence—DNA, bodily bruises, weapons—and are based solely on the testimony of the victim. Children are not necessarily the best witnesses, even with the procedures intended to shield them from the defendant. Canadian law treats crimes against children with special rules to minimize the impact of any criminal investigation and prosecution on the minor victims. Courts can protect the child witness by ordering that the testimony, and cross-examination, occur outside the courtroom by television link; let a support person sit with the child witness during the examination; prohibit the accused from asking the witness any questions, and substitute a pre-recorded witness statement rather than provide live testimony.
These procedures can shape the perception of fairness at trial towards the victim-witness. What about the defendant? Here is where you need Wilson Criminal Defence, lawyers who know how to prepare a multi-level strategy:
- Conduct a thorough independent investigation of the incident: Early retention of counsel permits time to investigate the circumstances independent of the police to develop defences, alternative narratives, and trial and sentencing strategies. Early investigations are important to preserving evidence, locating witnesses and securing their testimony, and identifying any other adults who might be influencing the child’s allegations.
- Challenge the facts: Often child sexual assault cases rely on the credibility of the complainant and supporting witnesses without much physical evidence. When these stories are the sole basis for a prosecution, cross-examination of prosecution witnesses requires courtroom skill, an understanding of child psychology and the complexities of family dynamics, and a determination to protect your interests.
- Steer through the special evidentiary rules: The victim’s credibility often determines whether to prosecute and convict. Once that determination is made, there are evidentiary rules, such as rape shield laws, that constrain defence challenges to witness credibility. Capable and experienced courtroom counsel can steer through the narrow straits permitted by current rules governing sexual assault trials.
- Make the law and facts work for you: Law requires interpretation. Our Calgary child sexual assault lawyers know the law and how to frame statutes and case precedent in your favour. Facts also require interpretation, and with an early and thorough investigation, Wilson Criminal Defence will tell the story in a light most favourable to you.
- Enforce 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.
- Sentence: Everyone is entitled to an appropriate and fair sentence if convicted of a crime. Negotiating a sentence that does not include a criminal conviction, avoids prison time, or reduces prison time is best left to experienced criminal defence lawyers who know the system, the players, and the outcomes.
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.