So, what is sexual assault? According to Ernst Ashurov Toronto sexual assault lawyer, sexual assault is any assault, sexual in nature that goes against the sexual rights or integrity of a victim.
According to Toronto sexual assault act, sexual assault doesn’t depend on the contact with a particular part of the human body but rather the sexual act that goes against the victim’s sexual integrity. Here are essential tips Toronto sexual assault lawyer wants you to know about sexual assault.
- Factors Considered When Investigating Sexual Assault
● The body part of the victim touched.
● The nature of the contact.
● The situations in which the body contact took place.
● The words, as well as gestures following the act.
● All other situations accompanying the act.
● Any threats that may not or maybe surrounded by force.
According to a Toronto sexual assault lawyer, the sexual assault can happen to both sexes. The attacker can be a man or a woman. For instance, a spouse can be charged with sexual assault if his/her spouse reports the case. - Punishment
Anyone who commits a sexual assault can be charged for;
● A criminal offence and can be imprisoned for a period not exceeding ten years.
● An indictable offence liable to summary conviction and imprisonment for a period not exceeding one year and a half. - Sexual Assault With A Weapon
According to Toronto sexual assault lawyer, a person commits a sexual offence if:
● Carries or threatens by use of a weapon to arm the complainant.
● Threatens to harm another person other than the victim.
● Harms the complainant.
● He/she was part of committing the offence with another person. - Punishment
Any person who commits this kind of offence is:
● Is guilty of committing the crime and liable.
● Where the attacker used a weapon to commit the offence, received an imprisonment term not exceeding 15 years with a minimum term not exceeding four years.
● In any other offences, an imprisonment period not exceeding 14 years. - Aggravated Sexual Assault
You commit an aggravated sexual assault if;
● Commit a sexual assault.
● Cause wounds, disfigure, maim or put to danger the life of the victim. - Punishment
Anyone who commits an aggravated sexual assault is;
● Guilty of criminal offence and can be prosecuted and imprisoned.
● Where the attacker used a firearm in perpetuating the offence, he can face life imprisonment or a minimum punishment of 4 years. - Legal Age
According to Toronto sexual assault lawyer, someone who is below the age of sixteen years cannot consent to a sexual act with someone older than him/her by more than five years or more.
Someone who is fourteen years cannot consent to a sexual act with a person who is older than him/her by more than two years.
In the same breadth, someone in authority cannot depend on consent for having a sexual act with someone below the age of sixteen years.