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A
sexual assault is an assault that “violates the sexual integrity”
of the complainant. Under the Criminal Code, “rape” is no longer
a separate offence. Rape is now defined under the broad category
of sexual assault. If convicted, however, the offender is likely
to face a higher sentence if the sexual assault was a “rape”, rather
than a “sexual touching”, for example.
One important step to mounting a successful defence to the charge
of sexual assault is to find out what the complainant has said to
other people on different occasions. If there is a significant variation
in those versions, that will go to diminish the complainant’s credibility
at trial. One may wish to find out whether the events the complainant
told to his or her doctor are the same as what s/he told the police.
In order to do so, however, one needs to apply to a court to see
those records. There are strict guidelines under the Criminal Code
as to under what circumstances a doctor’s records can be released.
It is very important to establish a legitimate basis for this application
as the court will not allow for “fishing expeditions”.
In Canada, “the age of consent” is 14 years of age. If the accused
had sexual contact with someone who is under 14, then the accused
is guilty of sexual assault even if the complainant consented to
the activity. There are some exceptions to this rule, however. We
can explain whether those exceptions apply to your case after a
review of your file.
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