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May 2018 Archives

Consequences of a Conviction for Sexual Assault

If you have been charged with a sexual offence, the consequences of a conviction can be serious. In all but the most minor of offences, some form of jail sentence is likely to be imposed. The length of the sentence can vary. In cases of date rape, the sentence is likely to be between two and five years. In cases of ongoing abuse of children, particularly if there are more than one victim, the sentence can be much higher than five years.

The Defence of Mistake of Age in Sexual Assault

For certain sexual offences against young people, such as sexual interference, it is a defence in some circumstances to be mistaken about their age. In order for this defence to be valid, an accused person must take all reasonable steps to ascertain the age of the complainant. So, what does "all reasonable steps" actually mean? The Supreme Court of Canada provided some guidance in the recent case of R. v. George.

Using your device while driving may be a critical mistake

With the increased portability of technology, more drivers can stay connected with their friends and family - as well as their favourite modes of entertainment - during their commutes. Whether you remember the frustration of having to find a telephone booth to make a call or you grew up with a mobile device in your hand, there is no denying the convenience of having loved ones and all your favourite apps at your fingertips.

The Offence of Voyeurism

The courts are seeing an increase in voyeurism charges, thanks in part to the number of cell phones that now have cameras. Filming someone without their knowledge could lead to you being arrested for this serious offence. Fortunately, the Ontario Court of Appeal recently set out the parameters for this offence in R. v. Jarvis.

The Age of Consent: Sexual Offences

The age of consent for sexual activity in Canada is set out in the Criminal Code. As a general rule, a person cannor consent to sexual activity until they are 16 years old. As a result, if you have sexual relations with someone who is not yet 16 years old it is no defence that he or she consented to the activity. However, there are exceptions.

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May 2018 Archives | Ottawa Criminal Law Blog