Sexual Assault

There are many of assault-related offences in the Criminal Code. Sexual assault, alongside the other sex-related offences carry some of the most serious penalties in the Criminal Code. Some types of sexual assault can carry penalties up to life in prison. In such serious matters, only experienced lawyers, knowledgeable in this area of law, have the expertise to guide you through the Court process and protect your rights.
At Kraska Law, our team of top-rated criminal defence lawyers are led by Robert Kraska, a former Federal and Provincial Crown Attorney. In addition to defending these cases, Robert also has experience prosecuting sexual assault cases. Robert is able to turn that prosecution experience into a defence advantage. He and the team at Kraska Law have the knowledge to expertly guide you through the Court process, and put forth your best defence. At Kraska we will strive to be the best sexual assault lawyers for your case.
The police are able to publish names and charges on the internet, immediately. To protect your reputation you need to contact a criminal defence lawyer and take action immediately.

CONTACT AN EXPERIENCED CRIMINAL LAWYER IMMEDIATELY IF YOU’VE BEEN CHARGED WITH SEXUAL ASSAULT

 

What is Sexual Assault?

Sexual assault is one of the most serious charges in the Criminal Code. Sexual assault is defined as any application of force to another person, without their consent, for a sexual purpose. Sexual assault is charged under section 271 of the Criminal Code of Canada:

  1. 271 Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, 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) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, 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 six months.

There are many types of sexual assault-related offences contained in the criminal code, including:

  1.       Sexual Assault
  2.       Sexual Assault with a Weapon
  3.       Aggravated Sexual Assault
  4.       Invitation to Sexual Touching
  5.       Sexual Interference

Some types of sexual assault can carry jail penalties up to a maximum of life in prison. Regardless of the jail penalties, the social stigma associated with a sexual assault conviction can be devastating. Every person convicted of sexual assault will be subject to registration under SOIRA, the Sexual Offender Information Registry Act. A sexual assault conviction can also significantly impact a person’s career, employment, ability to travel, and their ability to volunteer or participate in community events. The seriousness of these penalties means that you will want a team of experienced sexual assault lawyers representing you, and fighting for your rights.

At Kraska Law our experienced criminal defence lawyers will take your sexual assault charge seriously. This is because we know even the slightest assault could have a significant impact on your life. We will strive to be the best sexual assault lawyers for your case, and provide your best defence.

How an Experienced Sexual Assault Lawyer Can Help You

An experienced criminal defence lawyer, well versed in Sexual Assault law will be able to identify the issues in your case, and give you proper guidance through this stressful process.

If charged with sexual assault, you should call a lawyer immediately. The police may want to interview you at the outset. The police can lie to you to encourage you to answer questions:

  1.       The police may say that they are just investigating, and have not yet decided to lay charges.
  2.       They may say that they just want to hear your side of the story.
  3.       The police may comment that they just want to complete their file by getting everyone’s version of events.
  4.       The police may try to guilt you into providing answers by suggesting that “if you were innocent, you would just tell your side of the story.”

A failure to answer police questions, or provide your version of events, is not a sign of guilt, you have a right to remain silent.

An experienced criminal defence lawyer will make sure that you are aware of that right, as well as all of the other rights you have throughout the process.  Specifically, a sexual assault lawyer will be able to properly defend you by navigating the complex rules of evidence specific to sexual assault cases:

  1.       An accused person will not be allowed to ask the victim questions at trial. The Court will appoint a lawyer to ask those questions. That appointed lawyer is not your lawyer. They are there to ask questions on your behalf, but they do not take instruction from you. You will want your own lawyer.
  2.       The Canadian justice system protects victim’s rights in sexual assault cases. Questions about a victims sexual history can only be asked after the accused person, or their lawyer, successfully brings a special application to the Court.
  3.       If you know of records that exist and wish to use them at trial, that will also require a special application for you to be able to use them as evidence at trial.
  4.       Even if the records, such as text messages, are already in your possession, you will be required to bring yet another application to rely on that evidence at trial.
  5.       Your lawyer may wish to hire medical or scientific expert witnesses to examine DNA, cuts, bruises, or other evidentiary issues to attack the Crown Attorney’s evidence against you.

With all of the protections for victims, and limitations on evidence, you will want an experienced sexual assault lawyer protecting your interests. An experienced sexual assault lawyer will ensure that you are informed of all of these items. At Kraska Law our top-rated criminal defence lawyers will effectively analyze your case, and inform your of the strategic and tactical decisions required about how to best approach the case an the evidence. Our goal is to be the best sexual assault criminal defence lawyers for your case.

We pride ourselves on keeping you informed every step of the way. We will identify your specific concerns, the specific issues of your case, and fight to protect your interests. We will strive to successfully negotiate the end of your case at the earliest opportunity. If the Crown Attorney will not agree to a favorable negotiation, then we will fight the case at trial. Our team of lawyers have over 40 years experience as, both criminal defence lawyers and prosecutors. This diverse knowledge sets us apart from other firms, as we have experience from both sides of the Courtroom. Whether negotiating an outcome, or proceeding to trial, we will strive to be the best sexual assault lawyers for your case.

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Why Our Clients Choose Kraska Law

Sexual-assault

1. We Listen

At Kraska Law, you are not just another case, we care. We listen to all of our clients, keep them updated about their case, and actively work with our clients to put forth their best defence.

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2. Experience

Our team boasts over 40 years of combined experience in criminal law. We have experience prosecuting and defending criminal cases. With that knowledge and experience, we’ve done it all.

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3. 24/7 Open Communication

Our team is always available to help and a team member is always available to answer your questions. We encourage communication by not charging hourly or per phone call, so our clients are never pressured into deciding whether or not they should call us.

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4. Free Consultation

We offer free consultations, 24/7. You cannot choose when emergencies happen, so, at Kraska Law, we are always ready to respond.

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5. Flexible Payment Plans

We work with our clients to create structured payment plans that work for you.

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6. Success Rate

Above all else, our clients choose us for our results. Our clients recommend us to their family and colleagues because of the results we have achieved for them. We will strive to be the best criminal defence lawyers for your case, and earn that same recommendation from you.

Call today for your free and confidential consultation with an experienced criminal defence sexual assault lawyer!