Sexual Offenses

Me Amar has defended many different clients charged with various sexual crimes including sexual assault, invitation to sexual touching, possession of child pornography, publication of an intimate image without consent, and many others. Me Amar understands the stigma that is attached to a sexual accusation and how it can negatively impact all spheres of your life whether it be personal, professional or judicial. Me Amar will attend to your story and defend your version of the events with strength.

There are various crimes of a sexual nature and the associated sentence for each of these crimes depends on the severity of the accusation. Common questions may include: Is the complainant a minor? Were you in a position of authority? Did you believe he/she consented? Were you unaware of her age? Me Amar will carefully look over all of these aspects in planning your defense.

As such an accusation can have a very negative impact on the rest of your life, it is of supreme importance to get the best representation possible.

What is sexual assault?

Sexual assault is an assault which takes place in circumstances of a sexual nature and which causes a violation of the victim’s sexual integrity.

To establish if an assault is sexual in nature, the court takes into account the part of the body being touched, the words and gestures accompanying the act, the nature of the act, the situation in which it occurred and all other circumstances surrounding the conduct together with the motives of the accused person.

For more details, see the following link for Part V of the Criminal Code:
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-33.html#h-55

What defenses do I have?

There are obviously countless different cases and hence countless different defenses, but the most common defenses for sexual assault accusation generally fall under two broad categories:

“I didn’t do it.”
Your defense will become one of credibility. Me Amar will work with you to assure that your testimony in court will come across as strong as possible. Testifying, especially when your own life is on the line, can be a terrifying process and Me Amar will take the time necessary to make sure you are prepared and confident to take the stand. Also, effective cross-examination is crucial to the testing of credibility of the complainant’s version of events, and Me Amar has gained lots of experience in these situations.

“She/He consented”
Consent is a critical defense in sexual assault cases. Note however this is not a viable defense when the complainant is a minor since, in Canada, an individual under the age of 16 cannot consent to sexual activity with an adult. The criminal code does outline certain exceptions to this rule in cases where the complainant and accused are very close in age. Me Amar can explain to you in more detail if you fall under this category.