There is no denying that sexual assault is a serious issue in Toronto and if it were possible we would all have a sexual assault lawyer Toronto. The ordeal can happen in two faces; you can either be accused of the crime or the sexual assault befalls you.
In either way, you want someone who understand about sexual assault to stand on your behalf. However, it is also good if you know something about sexual assault. The information below will help you. Click here http://ernstashurovlaw.com/sexual-assault-lawyer-toronto/ for more info.
What Is Sexual Assault?
Sexual assault is a crime committed in the circumstance that the sexual integrity of the victim is compromised.
How Is Sexual Assault Determined?
According to sexual assault lawyer Toronto, the court will look at the body parts of the victim which has been touched or the nature of contact to determine whether it is sexual assault or not. Other way of determining a sexual assault is the words, actions and the intent of the accused. It also includes the presence or absence of sexual gratification for both parties, however this does not always count in some instances. The main factor which is considered is the intent of the sexual offender, and is important for most cases.
What To Do When Alleged Of Sexual Assault.
One should always consult a sexual assault lawyer Toronto or speak with the police concerning allegation of sexual offense. Whether you think you are innocent or guilty you should respond quickly to any allegation of sexual offense. A criminal lawyer will provide legal advice on the way forward whether to report to the police or not, since anything that one might say to the police could be used to incriminate an individual.
What Is Consent Age In Toronto?
The consent age for most countries in the world ranges between 16 and 18 years where one is able to make legal consent to sexual activities with another person. In some special case 12 to 13 year olds can only have sexual consent to be intimate with people who are not more than two years older than them. This is only the case if the person is not in a position of trust or has some authority over them. They should also not be a person they have a dependency relationship with them as this kind of relationship could be exploitative.
How to Know Whether There Was Consent.
Sexual assault lawyer Toronto will help you establish whether a crime is sexual in nature or not, based on three essential elements that matter in sexual offense. They will establish the kind of contact, intentions of the accused as well as the absence of consent.
Even if a person is over the consent age, the sexual act should be consensual between the two parties. Consent is voluntary participation. Consent will not exist in a sexual activity if it only comes from the accused. the complainant should have also consented to the sexual activity. The complaint should have been in sound mind to have consented such that they should have not been on drugs, or mentally ill. If the accused had manipulated the powers they had over the compliant or was in a trusting position then that does not count as consent.
Can There Be Mistaken Consent?
The accused might have honestly mistaken the compliant to have consented and with this evidence then they are not likely to face any charges. This only applies where the compliant communicated consent with words or actions.
To establish that the compliant gave consent, according to sexual assault lawyer Toronto, the court will carefully look at their actions, words and the steps taken by the accused to ascertain consent. The court does not accept silence or passivity of an accused person as evidence of consent. Of importance is if the accused believed that the compliant said yes with their actions or words.