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Defining Sexual Assault Sexual assault, as per Section 271 of the Criminal Code, encompasses all forms of non-consensual sexual contact or behavior. It involves engaging in any sexual acts without the explicit agreement of the other person involved. This definition is not limited to specific body parts but rather centers around sexual actions that […]
Steps to Take After Being Charged with Sexual Assault Read More »
Sexual assault is defined under section 271 of the Canadian Criminal Code as any form of unwelcome sexual contact or activity carried out without consent. It is not contingent upon specific bodily contact, but rather on any sexually oriented act that violates the victim’s sexual autonomy. It is advisable to speak to a sexual
Sexual Assault: Understanding the Mistaken Belief in Consent Read More »
Facing criminal charges for a serious crime such as sexual assault, aggravated assault, or even a minor assault can be a daunting experience. However, the potential consequences of such charges extend beyond the criminal justice system. In many cases, the complainant (i.e., the victim) can also sue the accused in civil court for damages.
The Ripple Effect of a Guilty Plea: Exploring Its Impact on Civil Lawsuits Read More »
According to Section 271 of the Criminal Code of Canada, sexual assault is defined as an unwanted sexual act that is carried out by one person on another without their voluntary agreement or consent. However, this definition is not as straightforward as it may seem. Actions that are considered sexual in nature can be
A Comprehensive Guide to Sexual Assault Sentencing in Canada Read More »
Credit to the team at Supreme Advocacy Leaves Granted Criminal Law: Sexual Assault R. v. T., 2022 BCCA 345 (40447) There is a publication ban in this case, in the context of sexual assault. “The motion to expedite the application for leave to appeal is granted. The application for leave to appeal…is granted. The hearing of the
February 2023: Recent SCC Decisions Read More »
Credit to the team at Supreme Advocacy Criminal Law: Sexual Offences; Hearsay R. v. S.S., 2022 ONCA 305, 2023 SCC 1 (40147)There is a publication ban in this case (see beginning of Ont. C.A. judgment). The Chief Justice: “A majority of this Court would allow the appeal, substantially for the reasons of the dissenting judge, MacPherson J.A. Justice Rowe would
January 2023: Recent SCC Decisions Read More »
Sexual assault is a deeply traumatic experience that can have severe and lasting consequences for survivors. In Canada, it is a criminal offence that is taken very seriously, and the penalties for conviction can be severe. What is Sexual Assault? Sexual assault is defined as any non-consensual sexual activity that occurs without the victim’s
Sexual Assault – Criminal Lawyer Explains Potential Penalties and Consequences Read More »
The relationship between feminism and criminal law centers on examining how the criminal justice system impacts women, particularly in the context of sexual assault and gender-based violence. Feminism critiques the societal structures that allow for gender-based violence and aims to provide a feminist perspective to the legal system in order to improve it. It
A Look at the Relationship Between Feminism and Criminal Law Read More »
Credit to the team at Supreme Advocacy Criminal Law: Homicide Hafizi v. R., 2019 ONCA 2 (40250) The Applicant went out with friends to an Ottawa nightclub in the Byward Market. While there, they clashed with a group of men. This led to an altercation. The Applicant was told to leave the nightclub. Sixteen minutes later,
December: Recent SCC Decisions Read More »