First, you need to understand that sexual assault cases are complex and serious, and several variables are involved in them. Here in Canada,the least sentence for sexual assaults varies as per the extent and nature of the crime. If in case you have been accused with a sexual offense, you need a criminal defence advocate who can fight for you in the court.
Factors influencing the severity of sexual assaults sentence
If you have been charged for a sexual assault, both aggravating and mitigating factors will influence the sentence. There will be less severe punishment or a reduced charge if mitigating factors are involved, such as the guilty individual’s age, whether he/she enters a previous guilty petition, and whether he/she has been charged of the past crimes. On the other hand, aggravating factors can bring a more severe sentence for sexual assaults in Canada. Aggravating factors are numerous in comparison to mitigating factors, including:
- The victim’s age and the awareness of the offender about his/her age.
- The extent of violence or force used.
- Whether an armament was used.
- Whether the culprit was having the authority.
- The vulnerability extent of the sufferer.
- The probability that the person will re-offend .
- Whether invasion was there.
Everything about least sentences in Canada
A compulsory least sentence for sexual assaults is the minimum punishment a judge should order after a crime is convicted by a person. The judge has the responsibility to pass sentences that are more severe than the minimum, but not less than the least. There is a compulsory least sentence for sexual assaults only if the culprit’s age is less than 16 years. In more severe circumstances where the case is prosecuted by the Crown Attorney by allegation, the least penalty should be 1 year in jail, whereas the maximum punishment is 14 years in lockup.
If the plaintiff is 16 years old or above, there’s no compulsory least penalty for sexual assaults in Canada. But, if it is an indictable case, the maximum punishment is 10 years. Summary convictions may cause maximum penalty of 18 months imprisonment, while the least sentence is parole when an individual is found responsible for a breach, but is released.
Paroles can either be absolute or conditional. In case of an absolute parole, the accused will be free to leave. There will be no criminal history, and the discharge record will be omitted after a year. But, in case of a conditional release, there will be a probationary duration. Once the probation period is finished, the conditional release becomes absolute.
Get sound legitimate consultation from criminal lawyers
Now that you know about the sentences for sexual assault, you must consult criminal lawyers immediately if you or your loved one is convicted of sexual assault. You definitely need a sound legal representation if you desire to get the minimum possible sentence or avoid conviction. A sexual assault case can be both complex and emotionally taxing, so you require professional lawyers. Contact Jeff Mass, Robbie Tsang , criminal lawyers in Ontarioto get sound legal representation for sexual assault cases.