SEXUAL OFFENCES

Sexual Assault

The lawyers at Helps Law Corporation have extensive experience dealing with sexual assault charges. Sexual assault is a criminal charge that can result in serious consequences. Sexual assault is generally divided into 3 areas:

       1. Sexual assault – where one adult touches another adult in a sexual manner or on a sexual part of the body without consent.

       2. Sexual interference or Sexual Touching – where an adult touches a child for a sexual purpose.

       3. Child Pornography – making, distributing or possessing child pornography which is depictions of children or those who appear to be under the age of 18   

           engaged in sexual activity, either with adults or with other children.

We understand that sexual assault charges can affect every area of your life, including your ability to parent, teach, volunteer, be employed and cross borders. We believe that it is imperative to have representation from the accusation. Our lawyers can intercede, gather evidence, attend an interview with the police or with the Ministry of Children and Family Development (if we decide together one is necessary or in your best interests), make submissions to Crown Counsel and get these matters dropped, if possible, before charges ever happen.

We believe our best representation happens in our cases you've never heard of – because we work to ensure our clients are never charged. We prioritize discretion and effective advocacy when there is an investigation.

If you do have to go to Court, we are experienced counsel who pride ourselves on being the lawyers other lawyers come to with these kids of charges. We are dedicated trial lawyers with a history of, and reputation for, excellence.

If you are being investigated for, or are being charged with, sexual assault, you may be anxious and afraid. We understand that.

Under s. 271 of the Criminal Code, the Crown can charge you with sexual assault if you have touched another person in a sexual way without their consent. Common defences to this charge often include:

·         actual consent, where the complainant (the person claiming sexual assault against you) consented at the time of the sexual assault, but has, for some

          reason, decided afterward to go to the police. Often, this is where the complainant is not credible or is lying;

·         mistaken belief in consent, where you believed that you had consent to have sexual contact with the complainant. Often, the complainant is not

          reliable – meaning that the complainant for some reason can't be relied on by the court.

·         No sexual contact, where the complainant has made up the allegations or is mistaken about who he or she had sexual contact with.

If you are convicted of the serious charge of sexual assault, the results can be life-changing. If the sexual assault is on a person under 16, there is a mandatory minimum one year jail sentence on conviction. Sentences for sexual assault can range from suspended (no jail) sentences to years or decades in jail. You must take these charges seriously and retain an experienced lawyer.

Are you under investigation for sexual assault? You should immediately book a free consultation with Helps Law Corporation at 604-879-0006. Lawyers are available in emergency situations 24 hours a day. Do not wait until you're under arrest to call!

Have you been charged with sexual assault? Go to court with experienced, aggressive representation. Call Helps Law Corporation at 604-879-0006 for your free 1/2 hour in office consultation.

Sexual Interference, Exploitation or Sexual Touching

Under s. 151 or 153 of the Criminal Code, if you are an adult who sexually touches, invites a child to touch you, or has any sexualized contact with a child, you will be charged with Sexual Interference or Sexual Touching.

If you are an adult who has control or authority over a child (a parent, teacher, relative, friend of the parent, or other person who is trusted with the care of a child), you may be in a breach of trust situation. These situations may then involve other investigations from other agencies, including the Ministry of Children and Family Development, the Teacher Regulation Branch, the Criminal Records Review Act office or other agency. Our lawyers have a history of working with other agencies to protect your rights and to ensure that you are properly represented in an investigation as well. We will work with you to prioritize your needs.

Before speaking with any other agency, you must be aware of how that could affect the criminal investigation or criminal charges. We urge you to book your free 1/2 hour in office consult as soon as possible.

There are many defences to Sexual Interference, Exploitation or Sexual Touching charges. These might include:

  • no sexual touching – where the conduct accused of is not sexual or simply didn't happen
  • no intent – where there was no intent to have sexual contact
  • reasonable attempt to find out age – where the complainant represented themselves to be over 16 or there was no way of knowing that the sexual contact was with someone under age.
  • You are within 3 years of the complainant's age or are under 18

If you are convicted of the serious charge of sexual interference, exploitation or touching, the results can be life-changing. There is a mandatory minimum one year jail sentence on conviction. Sentences for sexual interference, touching or exploitation can range from one year to decades in jail. You must take these charges seriously and retain an experienced lawyer.

Are you under investigation for sexual interference, exploitation or touching? You should immediately book a free consultation with Helps Law Corporation at 604-879-0006. Lawyers are available in emergency situations 24 hours a day. Do not wait until you're under arrest to call!

Have you been charged with sexual interference, touching or exploitation? Go to court with experienced, aggressive representation. Call Helps Law Corporation at 604-879-0006 for your free 1/2 hour in office consultation.

Child Pornography

Under s. 163.1, you cannot access, distribute, make, possess or access child pornography. Child Pornography is defined as any electronic, film, video, audio, written or visual representation of a child under the age of 18's sexual organs or of a child engaged in sexual activity or any material that counsels or advocates sexual activities with children.

Defences do not include that you believed the child was over 18 years old unless you have tried to ensure they are.

Defences do include a legitimate purpose “related to the administration of justice or to science, medicine, education or art and do not pose an undue risk of harm to person under 18”. This may mean that you are law enforcement, a person studying the internet for a Ph.D. program or otherwise employed or in an educational institution.

A Child Pornography charge carries with it serious consequences, ranging from a minimum one year jail terms to up to fourteen years in jail. You must take these charges seriously and retain an experienced lawyer.

Are you under investigation for an offence related to child pornography? You should immediately book a free consultation with Helps Law Corporation at 604-879-0006. Lawyers are available in emergency situations 24 hours a day. Do not wait until you're under arrest to call!

Have you been charged with child pornography? Go to court with experienced, aggressive representation. Call Helps Law Corporation at 604-879-0006 for your free 1/2 hour in office consultation.