Sexual Offences


Sexual Offences

 

There are many types of sexual offences, which reflect the many ways in which people can come into sexual contact with each other. Offences include invitation to sexual touching, sexual exploitation, prostitution, sexual interference, voyeurism, corrupting morals, and child pornography.

Sexual offences are considered by the police and the courts to be extremely serious and they attract some of the most severe penalties in the Criminal Code. A person convicted of a sexual offence will be required to provide a sample of his DNA to the National DNA Databank. Convicted individuals will be registered as a sex offender and be unable to work, travel or live where he/she chooses except under strict limitations.

This is in addition to a jail term and probation.

Daniel Murphy has both represented and prosecuted individuals charged with sexual assault giving him a unique perspective on defending such cases. Daniel understands the seriousness of these types of charges and the possible penalties and is prepared to defend your case head on.

 

Sexual Assault

There are a number of charges that fall under the heading of sexual assault and related offences. These charges are described under Sexual Offences. For a charge to be included under a sexual assault there must be a sexual component to the incident. This does not necessarily mean that the purpose of the act was sexual in nature but rather there is a sexual connection to the action.

Sexual Assault is an assault that is committed in circumstances of a sexual nature such as to violate the sexual integrity of a person. To test The test to determine sexual nature is an objective test based on the particular circumstances of the incident. Groping and grabbing can constitute a sexual assault as can kissing someone against their will. It is the absence of consent which makes an act illegal for simple assault matters.

 

Aggravated Sexual Assault

Similar to aggravated assault, aggravated sexual assault involves the wounding, maiming, disfiguring, or endangering of life of another person while committing a sexual assault.

 

Sexual Interference

Sexual Interference is the touching, directly or indirectly, for a sexual purpose, with an object or any part of the accused persons’ body any part of the body of a person under the age of 16.

This offence has a mandatory term of imprisonment attached to any finding of guilt.

90 days if proceeded summarily and 1 year if proceeded by indictment.

 

Invitation to Sexual Touching

Invitation to Sexual Touching for a sexual purpose, inviting, counselling, or inciting a person under the age of 16 to directly or indirectly, with a part of the accused persons’ body or an object, the body of any person, including the body of the person who invites, counsels, or incites and the body of the person under 16.

This offence also carries the same mandatory minimum sentences as the offence of sexual interference.