According to Toronto sexual assault lawyer, sexual assault involves intentionally touching another person sexually and without their consent. A spouse or a caregiver could do this. Some of the sexual assault charges are sexual assault with a weapon and aggravated sexual assault, causing any harm to the body.
For you to report that a person has sexually assaulted you, the act should happen without consent, and if there was consent, it should be clear and not implied. An example of implied consent is when the accused touches the victim just because they agreed to be touched sexually last time. It does not mean you can touch them again without asking. Toronto sexual assault lawyer says that a sexual assault case to be valid is that the touching should be sexual.
1. How Can a Judge Determine That the Touching Was Sexual?
The judge will ask the victim questions to see whether if an outside observer witnessed the touching, they would term it as a sexual assault. Some of the things that the judge and Toronto sexual assault lawyer would want to know are:
- The nature of the touching
- The part of the victim’s body that was touched
- Any words the accused uttered at the time of the action
- The situation in which the touching was done
- The reasons and the accused’s intentions when doing the touching
Sometimes, the intentions of the accused might not be for sexual pleasure. The judge will also investigate whether the victim’s sexual integrity was violated and if they feel demeaned by the act. The accused must have done the act intentionally. If it was accidental, the case might be termed invalid. The accused must have performed the act knowing the victim did not agree to it or knowing they might not give in.
2. Age of Consent
The age of consent depends on what sexual activity involves. It is generally 16 years, but if the sexual activity involves prostitution or is with a person you relate to in terms of dependency, authority, or pornography, the age of consent is 18 years.
According to Toronto sexual assault lawyer, a person who commits a sexual offence can serve 10, 14 years, or life imprisonment. This applies if the victim is 16 years and below and if the case was treated as an indictable offence. For a summary offence, the accused will serve 18 months in prison and not more than two years in prison if the victim is under 16 years.
4. The Following Occasions Are Not Consent
- Another person gives consent on behalf of the complainant.
- If the complainant is below 16 years and unable to consent
- If the complainant refuses to consent, either verbally or by using action
- If the accused abused their authority to take advantage of the victim
- If the accused hide some sensitive information from the victim, like an STD, to get the victim’s consent.
5. The Accused Can Show an Honest Belief in Consent by:
- Showing evidence that they believed that the victim had consented to the act
- Showing that he/she took steps to ensure that the victim had consented. This could be by asking them directly about how they feel.
6. However, This Will Not Work If:
- The accused was intoxicated. They should not be on any drug.
- The accused was willfully blind. Some do not ask for the other person’s consent because they don’t want to be directly rejected.