Sexual Assaults & Other Sexual Offences – 604-318-3838

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A sexual assault is an assault, within any one of the definitions of s. 265(1) of the Criminal Code of Canada (CLICK HERE), which is committed in circumstances of a sexual nature such that the sexual integrity of the victim in violated.  A sexual assault can therefore be anything from an unwanted “bum patting” to a sustained forceful rape. Our Vancouver criminal lawyer at Butler & Company has acted as counsel in thousands of cases all over British Columbia.  He can help you every step of the way in your sexual assault case whether it is to obtain a plea negotiation (which most often involves no incarceration) or as competent and diligent counsel at trial.

Aside from sexual assault (an offence under section 271 of the Criminal Code) there are other sexual related charges under the Criminal Code, the most common of which are as follows:

Sexual interference
151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Invitation to sexual touching
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Sexual exploitation
153. (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

    • (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or
    • (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

It must be remembered that “consent’ though often used as a defence to sexual charges may not be available to an accused where the complainant (person alleging the sexual offence occurred) is under the age of 16 years. The Criminal Code reads:

Consent no defence
150.1 (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

The actual defences to sexual assault are numerous and largely depend up the precise nature of the charges and the facts that the Crown will lead to support the allegation.  The charges and supporting facts can be gleaned from the Police Particular (or police reports) that an accused will be provided by the Crown on the First Appearance in court.
Some of the common defences involving sexual assault involve as follows:

  • The defence on “lack of identity” if the accused is unknown to the victim;
  • The defence of “consent” where the victim is well known to the victim;
  • The defence of a mistaken believe in consent with reasonable grounds to support that belief, usually in cases involving victims that are known to the accused;
  • The denial that the offence occurred.

Sexual relationships are by their very nature private and most times discrete.  Therefore in most instances the occasion of an alleged non-consensual sexual activity will more often than not occur in private.  Where such is the case, cases surrounding issues of  “consent”, “mistaken belief of consent” or whether indeed certain activities complained of actually occurred, will regularly be devoid of any other witnesses aside for the complainant and the alleged perpetrator.  This means these issues will be largely left to be decided by the Courts based upon the close examination of the two people involved.  These cases can turn into classic “he said, she said” types of cases.  The courts will most often have to make findings of credibility in order to determine the veracity of a complaint of sexual assault.  In order to best advance a defence to a sexual assault case you will need a lawyer who is well versed in the law relating to sexual assault and one who is very skilled in cross-examination in a courtroom.  Jamie Butler is a Vancouver sexual assault lawyer who can help you in preparing and advancing your best defences to sexual assault charges.

In any sexual assault cases there are serious repercussion for an accused.   It is often said that even being charged with an offence of this nature, though entirely based upon fabricated evidence, can ruin a person’s reputation, career or good standing in the community.  This is largely because: (a) allegations remain outstanding for far longer than the actual trial regarding the charges, and (b) because the suspicions relating to a party’s involvement are often the subject or titillating rumours and coffee table talk in the community.  Thus in order to best advance the interests of a person accused of  serious sexual assault cases it is often best to have the denial aired early, the trials advanced quickly and importantly the investigations involved in the defence commenced extra early and sometime even after allegations are made but before charges are even contemplated or laid.
In preparing for the defence of charges of sexual assault, sexual touching, or other sexual related offences our Vancouver sexual assault lawyer, Jamie Butler will leave no stone unturned.  His approach is often as follows:

  •  Investigate the allegations very early on in the process;
  • Hire private investigators to investigate potential witnesses and gather witness statements from witnesses whether theses witnesses are expected to be favourable to an accused or not;
  • Investigate the crime scene and hire forensic experts where necessary to examine the evidence that may be in the hands of the police or Crown as a result of the police investigation;
  • Make whatever pre-trial applications that may be necessary (under section 278.1 of the Criminal Code) to obtain records in the hands of third parties such as records in the hands of doctors, psychologist, psychiatrist, ministry workers, ministry files, counselors, etc, as these such records can contain entries that blow a case “wide open”;
  • Conduct preliminary hearings to extensively cross-examine the chief complainants as early as possible;
  • Conduct further private investigation AFTER the preliminary hearing that may involve private investigators or forensic experts;
  • Prepare an accused and his witnesses for the eventuality of having to give evidence at trial;
  • Cross-examine all of the Crown witness extensively at trial with a view to exposing credibility issues.

It is only after all of the above is completed that an accused may choose to give evidence to exonerate him or herself.   Many times an accused will not have to even testify at trial to clear his name (ie. in cases where the credibility of the chief witnesses is, after cross-examination found lacking), however this is a determination that will usually be made in the course of trial after extensive consultation between you and our Vancouver criminal lawyer, Jamie Butler.

When faced with serious sexual assault allegations you need an experienced lawyer who has handled these types of case so that nothing is left to chance.  Jamie Butler is an experienced Vancouver based criminal lawyer who has acted as counsel in all types of cases where the charges laid have been as minor as causing a disturbance, possession of a small amount of marijuana or those involving a pushing and shoving domestic assault, to more substantial charges like those involving impaired driving causing death or serious sexual assault and even murder-related charges.  He was a very effective former prosecutor who now uses all of his former prosecuting experiences and contacts to work for YOUR BENEFIT in either negotiating the best possible plea deal for you at any sentencing hearing or, in the event your matter proceeds to trial, in preparing the best possible likely defence for you.

Remember this:  Do not settle for less than the best criminal lawyer in Vancouver as there is no second best in the courtroom.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of negotiating a plea to your sexual assault charges.   Alternatively we also offer a FREE LEGAL EVALUATION of your criminal case by your sending us a brief written description of your case by CLICKING HERE.

 

Internet offences
In the modern age there have been new offences that have developed to keep up with the ever-grown modalities with which offences can be committed.  The internet, cellular phones, smart phones and video recording equipment has become cheap and accessible to all.  It is not surprising that offences have developed to limit their errant use.  Charges such as voyeurism and/or the possession,  creating or distribution of obscene material (or child pornographic material) are more common today than ever before.  Learn more by clicking below.

MORE

The Criminal Code of Canada defines the charges as follows:
Voyeurism
162. (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

    • (a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
    • (b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
    • (c) the observation or recording is done for a sexual purpose.

Thus any person who say videotapes his sexual act with an unsuspecting participant (or worse still, distributes such images by way of cel phone, internet, etc.) can expose himself to charges.  What may have appeared “funny” in a drunken moment or what may have been consensual during a romantic encounter can quickly turn ugly.

The Criminal Code of Canada also prohibits the making, possession of distribution of “obscene material” as follows:

Corrupting morals
163. (1) Every one commits an offence who

    • (a) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or
    • (b) makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic.

The Criminal Code of Canada defines obscene materials as follows:
Obscene publication
(8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.

These charges can be defended on technical bases having regard to the nature of the materials which is claimed to be “obscene”.  What may be obscene to one person is an expression of art to another.  An individual’s rights to their own privacy and freedom of expression are guaranteed under the Charter of Rights and these rights and freedoms often conflict.  Technical defences involving alleged breach of charter rights can be presented.

If you have been charged with voyeurism or the creation or publication of obscene material or other sexual offences then you will need an experience criminal lawyer who is well versed in the recent developments in the law as it relates to those charges, especially the law in relation to illegal search and seizure.  Jamie Butler is an experienced Vancouver based criminal lawyer who has acted as counsel in all types of cases where the charges laid have been as minor as causing a disturbance, possession of a small amount of marijuana or those involving a pushing and shoving domestic assault, to more substantial charges like those involving impaired driving causing death or serious sexual assault and even murder-related charges.  He was a very effective former prosecutor who now uses all of his former prosecuting experiences and contacts to work for YOUR BENEFIT in either negotiating the best possible plea deal for you at any sentencing hearing or, in the event your matter proceeds to trial, in preparing the best possible likely defence for you.

Remember this:  Do not settle for less than the best criminal lawyer in Vancouver as there is no second best in the courtroom.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of negotiating a plea to your sexual offence charges.   Alternatively we also offer a FREE LEGAL EVALUATION of your criminal case by your sending us a brief written description of your case by CLICKING HERE .