Spousal assault encompasses any deliberate act of non-consensual force directed towards an intimate partner residing in the same household, including a present or former spouse, common-law partner, or dating partner.
In Canada, the Criminal Code does not establish spousal assault as a separate criminal offence. Instead, individuals often face charges under various sections of the Criminal Code.
Offences Associated with Spousal Assault
- Assault: Engaging in the application of force or the threat of force without consent.
- Assault Causing Bodily Harm: Committing an assault that results in significant physical injuries.
- Making Indecent and Harassing Phone Calls: Purposely conveying information through letters or telecommunications to harm or intimidate a person.
- Criminal Harassment: Engaging in behaviour that reasonably causes the targeted individual or their acquaintances to fear for their safety.
- Sexual Assault: Involving non-consensual touching or engaging in sexual acts.
- Uttering Threats: Communicating an intention to cause harm or damage to an individual or their property.
- Kidnapping and Forcible Confinement: Restraining or imprisoning another person against their will.
Possible Consequences of Spousal Assault
The repercussions for these offences encompass a range of penalties, including fines, probation, imprisonment, house arrest, and restitution. The severity of the assault and the surrounding circumstances are taken into account by the prosecution when determining the sentence. Spousal assault is often met with more stringent penalties than non-domestic charges, as it is considered an aggravating factor in sentencing.
Factors that Determine Penalties for Spousal Assault
- Nature of the assault (simple, aggravated, sexual, or involving a weapon)
- Effect and harm inflicted upon the victim (physical or emotional)
- Past criminal history
Don’t Face Your Spousal Assault Charge Alone
When confronted with charges related to Spousal Assault, it is crucial to have the support of an experienced criminal defence lawyer. They can guide you through the intricate legal system, safeguard your rights, and formulate a robust defence strategy tailored to your specific circumstances.
Schedule a Free Consultation with a Criminal Lawyer
If you have been charged with Spousal Assault, don't hesitate to contact us. Dial (855) 585-1777 to connect with a skilled criminal defence lawyer who will attentively discuss your case with you and explore the available options.