In the #Metoo era, it can be difficult for people to know where the line is drawn. And there could be no more grey line than sexual assault. Being accused is dangerous enough to ruin lives, and if you are charged and convicted, you could face serious jail time. But what is considered sexual assault? And what happens if you’ve been accused of the crime?
What Is Sexual Assault?
In its most basic form, sexual assault is any unwanted sexual act done by one person to another. It can be anything from touching to openly expressing sexual desire against the person’s wishes. Sexual assault can include the following:
- Forced fondling or kissing
- An act of violence or aggression involving a sexual nature which is verbal, emotional or physical.
- Unwelcome sexual comments, threats or harassment that make a person feel uncomfortable.
- Non-consensual sexual contact or touching sexually without permission
- Forced vaginal, anal or oral penetration, also known as rape.
- Attempted forced penetration, known as attempted rape.
Sexual assault does not only occur between men and women; it can happen between people of the same sex, minors, and even if they are married.
While the list might seem easy to comprehend, in real life, the lines can be blurred. Both prosecution and criminal defence lawyers will analyse circumstances surrounding the case to determine if an assault did take place and if it did, in what way was it sexual.
What Will Sexual Assault Lawyers Look At In Court?
When a case is presented in court, sexual assault lawyers will take a more in-depth look at:
- The situation in which the assault occurred
- The verbal inclination behind the contact
- The build-up to the situation
- Mental states of both attacker and victim
- DNA evidence and other elements of evidence
Call A Sexual Assault Lawyer If You’re Charged
If you have been accused or charged with sexual assault, it is imperative that you look towards getting a sexual assault lawyer to help you with your case. They will be able to support you, both legally and emotionally, on how to overcome the charge.
Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264