Sexual Offenses
A sexual offense is an assault that occurs for a sexual purpose. “Sex crimes” is a sensitive area of the law. Many cases of this nature have no corroborating witnesses, and are therefore referred to as “he said-she said” cases. Knowing that a large number of these cases involve only two people, the alleged victim, and the alleged assailant, prosecutors will file and pursue sex offenses even where the evidence appears weak and/or the victim lacks credibility. For these reasons, as well as many others, a person being charged with a sex-related offense should always be adequately represented.
There are many potential defenses to sex crimes cases. Some examples are: consent; insufficient evidence; and mistaken identity. Obviously, depending on the crime alleged, these may or may not apply to your case.
Types of Sexual Crimes:
Aswani K. Datt has experience handling a variety of sex crimes. There are specific crimes a person can be charged with under the Criminal Code:
- sexual assault
- criminal solicitation of a minor
- aggravated kidnapping
- sexual touching
- sexual interference
- public lewdness
- indecent exposure
- indecency with a child
- improper relationship between educator and student
- improper photography or visual recording
- luring
- aggravated sexual assault
- prohibited sexual conduct
- prostitution
- promotion of prostitution
- obscene display or distribution
- obscenity
- sale, distribution, or display of harmful material to minor
- sexual performance by a child
- employment harmful to children
- possession or promotion of child pornography
Minors:
Sex offenses involving children, elicit more outrage and condemnation than almost any other type of crime. The accused are presented as leading double lives and unworthy of the basic constitutional freedoms that we often take for granted. Because of the stigma attached to sexual offenses, many unstable or unscrupulous people will falsely accuse a family member, neighbor, teacher, or someone else they dislike of committing a sex crime. Sometimes prosecutors unknowingly rely on false statements and testimony. The results can be devastating, even if the allegations are proved false.
People who are convicted of sex crimes are fearful of what could happen to them if they go to prison. Those convicted of sex crimes often face lifetime registration as a sex offender. Essentially, they will carry the sex offender label with them for the rest of their life, no matter where they move.
Sex Offender Registry:
Canada's National Sex Offender Registry (NSOR) came into force on December 15, 2004, with the passing of the Sex Offender Information Registration Act (SOIR Act). Since then, any offender who is convicted of a designated sexual offence may be ordered, at the time of sentencing or as soon as possible thereafter, by the court to register with the registration site that serves the area of their main residence. A person so ordered must register within 15 days, or if they are incarcerated for their crime, within 15 days from their release date. The information that is collected from the offender is confidential, and is not available to the public.
The NSOR database also contains details concerning many sex offenders who were convicted and sentenced prior to December 15, 2004, referred to as "retrospective" offenders, the criteria being that they must have still been serving an active portion of their sentence on the date that the SOIR Act came into force (eg. still incarcerated, on probation, or on parole). These retrospective offenders were tracked down by various law enforcement authorities, and were served with a Notice that they were required to register for the NSOR after a one-year grace period. The last day of that grace period was December 15, 2005.
Anyone required to register with Canada's National Sex Offender Registry is required to comply with the following obligations:
- to register with their registration site once a year. (The registration site is usually the police agency that serves the area where the offender's main residence is located, although this description varies somewhat by province or territory);
- to advise their registration site, within 15 days, of any change of name;
- to advise their registration site, within 15 days, of any change of address;
- to advise their registration site, within 15 days, of any absence from their main address that will be for at least 15 consecutive days. They must advise of their date of departure, their actual or estimated date of return, and of the address(es) where they will be while absent. In addition, the offender is required to advise the registration site, within 15 days of their return to their residence, of their actual date of return.
An Order or Notice requires an offender to comply with the SOIR Act for a term of either 10 years, 20 years, or life. The term is determined by the maximum possible penalty the offender could have received for the offence for which he/she was sentenced. Also, if the offender has a previous conviction for any sexual offence (it does not have to be the same sexual offence for which they're now being sentenced), or if they're already under a previously-issued Order or Notice, the minimum term that will apply, is Life.
DNA Samples:
Since a sexual offense is designated as a "primary offense" in Canada, a person found guilty of this crime will have to give a sample of his/her DNA to have it entered into the National DNA Databank.
Jail Sentences:
Depending on the seriousness of the sexual conduct, a person faces significant jail time if there is a finding of guilt. Furthermore, there is the issue of having this on a persons' criminal record which can have negative consequences on finding employment and traveling abroad.
Contact the Law Office of Aswani K. Datt for a consultation. I offer strategic, intelligent and aggressive advocacy focused on your rights.