Sexual Assault Lawyer in Winnipeg

Experienced Legal Representation for Sexual Assault Charges

At Wiebe Criminal Defence, we are dedicated to providing compassionate and effective legal representation for those accused of sexual assault. Our experienced sexual assault lawyers are well-versed in the complexities of sexual assault cases and are committed to achieving justice for our clients. We approach each case with the utmost professionalism and sensitivity, ensuring that our clients are supported throughout the legal process. 

Understanding Sexual Assault Under Canadian Law

What is Sexual Interference?

Sexual interference, outlined in Section 151 of the Criminal Code, involves engaging in sexual activities with a person under the age of 16. This charge is taken very seriously, given the vulnerability of minors. The legal implications of sexual interference are severe, including potential imprisonment and mandatory registration as a sex offender. It is crucial to understand the specifics of this charge and the legal standards for defending against it.

Sexual assault, as defined by the Criminal Code of Canada, encompasses any non-consensual sexual act. The key element in sexual assault cases is the lack of consent. Consent must be voluntary, affirmative, and continuous. The legal age of c​onsent in Canada is generally 16 years old, with some exceptions. Non-consensual acts, especially those involving minors, carry severe legal penalties. Understanding the nuances of consent and the age of consent is critical in defending against these charges.

Invitation to Sexual Touching Explai​ned

What Constitutes Sexual Exploitation? 

Invitation to sexual touching, as defined in Section 152 of the Criminal Code, occurs when someone invites, counsels, or incites a person under the age of 16 to engage in sexual touching. Notably, physical contact is not necessary for prosecution under this offence. The mere act of inviting or encouraging a minor to engage in sexual activities can lead to significant legal consequences, including imprisonment and sex offender registration.

Sexual exploitation is defined in section 153 and 153.1 of the criminal code. It involves sexual activities where there is a relationship of trust, authority, or dependency such as between a teacher and student or a coach and athlete. This charge reflects the abuse of power and the special protection afforded to minors and vulnerable individuals. The penalties for sexual exploitation are severe emphasising the need for a robust defence.

Key Elements of a Sexual Assault Charge 

A sexual assault charge typically involves three critical components: absence of consent, unwanted physical contact, and intent. The prosecution must prove that the accused engaged in non-consensual sexual contact with the intent to commit the act. Understanding these elements is vital for mounting an effective defence. Each component must be thoroughly examined and challenged to protect the accused’s rights.

Types of Sexual Assault Charges We Handle

At Wiebe Criminal Defence, we have extensive experience in defending against a wide range of sexual assault charges. Our expertise ensures that we can handle any sexual assault case with the highest level of competence and dedication. 

Defence Strategies for Sexual Assault Charges in Winnipeg

Defending against sexual assault charges requires a strategic and comprehensive approach. At Wiebe Criminal Defence, we employ various defence strategies to protect our client's rights and achieve the best possible outcomes.

Consent as a Defence 

Consent can be a powerful defence in sexual assault cases. To use this defence, it must be proven that the sexual activity was consensual. The legal requirements for consent include that it must be given freely, without coercion, and can be withdrawn at any time. Evidence such as communication between the parties can support this defence. 

Mistaken Belief in Consent 

This defence applies if the accused believed that the victim had consented to the sexual activity, even if this belief was mistaken. The belief must be reasonable under the circumstances. Demonstrating this requires showing that the accused took reasonable steps to ascertain consent.

Challenging Identity 

Challenging the identity of the accused can be a viable defence strategy, especially in cases where the victim does not know the attacker. This strategy involves scrutinising the evidence, such as DNA, eyewitness testimony, and alibis, to create reasonable doubt about the accused’s involvement. 

Charter Defence

Violations of the Canadian Charter of Rights and Freedoms can form the basis of a defence. Common Charter violations in sexual assault cases include unlawful search and seizure, improper arrest procedures, and denial of the right to legal counsel. Demonstrating a Charter violation can result in the exclusion of evidence or even the dismissal of charges.

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Consequences and Penalties of a Sexual Assault Conviction

The penalties for sexual assault convictions are severe and can include lengthy prison sentences, mandatory sex offender registration, and significant fines. Beyond the legal consequences, a conviction can have long-term impacts on personal and professional life, including damage to reputation, loss of employment, and social stigma. It is crucial to mount a strong defence to mitigate these consequences.  

Contact an Experienced Criminal Lawyer Today

If you are facing sexual assault charges, it is essential to seek professional legal advice immediately. At Wiebe Criminal Defence, we are dedicated to defending our clients and protecting their rights. Our experienced team is committed to achieving the best possible outcomes. Contact us today for a free consultation to discuss your case and explore your legal options.