Strategic Defence for Sexual Assault Allegations.
Experienced Alberta Sexual Assault Defence Lawyer
Sexual
Assault
Calgary Sexual Assault Lawyer
The Importance of a Strong Legal Defence in Sexual Assault Cases
Sexual Assault is a serious criminal allegation, and the stakes are incredibly high for anyone accused of this offence. The potential consequences are severe, including the possibility of a lengthy jail sentence, mandatory DNA collection, entry on the Sex Offender Registry (SOIRA) database, and the lasting stigma and impact a this charge can have on you personally and for your future prospects, such as employment, education, or travel options. In such situations, you should not take chances with your legal representation - you need a lawyer with the requisite experience in this highly technical and nuanced area of the law.
Many of these cases are “he said, she said” situations, possibly involving the consumption of alcohol or drugs, or take place in fleeting or prolonged situations. Each case will turn on its own unique set of facts and circumstances. The jeopardy is very high upon conviction, particularly for those offenders in positions of authority, those grooming young people (sexual interference/exploitation) and depending on the nature of the alleged sexual contact as there is a sliding scale of seriousness, from more minor (touching over clothing, whether it was for a sexual purposes), to actual sexual intercourse and other explicit acts. It is a sliding scale of jeopardy, but Canadian Law provides that there is a serious and heightened chance of lengthy imprisonment, depending on the facts. Proper legal guidance is vital.
Ryan Patmore is a Criminal Defence Lawyer with vast experience in cases involving Sexual Assault, Sexual Interference, and Sexual Exploitation. Ryan’s extensive experience in handling these complex and sensitive cases across Alberta, British Columbia, and Saskatchewan makes him a trusted advocate for those facing these serious charges. With Ryan Patmore by your side, you can be confident that your defence is in capable hands.
Experienced Counsel In Sexual Assault Cases
Ryan Patmore has defended countless sexual assault allegations at all levels of court, from less serious allegations to the most serious prosecutions. As an experienced sexual assault lawyer, Ryan understands the technical nature of these cases and the wide range of potential outcomes, including acquittals, withdrawn charges, and reduced charges where appropriate. His background helps clients know their case is being handled with careful scrutiny, particularly when complex pre-trial motions and strict Criminal Code requirements are involved.
These charges are serious regardless of the allegation, and strategic decisions often need to be made from the earliest stages of the process. Sexual assault cases can continue for years in the Canadian court system because of the modes of trial, evidentiary issues, and pre-trial hearings that may be required.
For example, an accused is not automatically permitted to ask certain questions about a complainant’s history or sexual history, even where that information may appear relevant. Special applications under the Criminal Code may be required before that evidence can be introduced. This makes early investigation, careful preparation, and a detailed understanding of the available defence strategies critical.
Choosing a sexual assault lawyer with experience identifying these issues can help ensure that potential motions, evidentiary challenges, and defence options are considered from the beginning. Ryan approaches these cases with meticulous preparation, strategic judgment, and a clear understanding of what is at stake.
Please call our office today if you are accused of Sexual Assault, Sexual Interference, or Sexual Exploitation at 403-992-4184 or 403-909-4822.
Ryan Patmore's Commitment
Ryan Patmore understands that when everything is on the line, having a highly skilled and well-prepared lawyer is essential to your defence. Ryan’s success in defending sexual assault cases stems from the sheer volume of these cases he handles. He has successfully defended these cases with a deep-rooted understanding of their sensitive nature and the application and interpretation of the law and legislation, which has become more punitive and difficult to overcome. His meticulous preparation, ability to identify all issues, and raise possible pre-trial motions for the admission of crucial evidence and further disclosure demonstrate his unwavering commitment to each client and his understanding of the jeopardy at stake in these prosecutions. He leaves no stone unturned, thoroughly investigating every detail of the case, from gathering evidence and interviewing witnesses to analyzing legal precedents and developing strategic defences.
Ryan believes that preparation is the foundation of a strong defence, and he dedicates countless hours to ensuring that he is fully equipped to challenge the prosecution's case. His methodical approach allows him to anticipate potential hurdles and craft effective counterarguments, striving to give his clients the best possible chance at a favourable outcome. Beyond his legal expertise, Ryan and his team also provide compassionate support and clear communication, ensuring that his clients are informed and reassured throughout the legal process. With Ryan Patmore on your side, you can trust that your case is in capable and dedicated hands.
Legal Requirements
How Does The Crown Prove A Lack Of Consent?
The prosecution must establish beyond a reasonable doubt that the complainant did not voluntarily agree to the physical contact at the precise time it occurred.
The Criminal Code outlines specific scenarios where legal consent cannot exist:
Submission to Force: The agreement was coerced through threats or the application of force.
Fear or Deception: Compliance was obtained through fear, fraud, or the exercise of authority.
Incapacity to Consent: The complainant was unconscious, asleep, or heavily intoxicated by drugs or alcohol.
The Subjective Element of Consent
The court examines the complainant's actual internal state of mind at the time of the alleged incident. Even if an individual did not explicitly say no, the Crown can still argue that a lack of verbal or physical resistance does not equal legal consent under Canadian law.
The Accused’s Belief in Consent
An accused person may argue they honestly believed the complainant was consenting to the act. However, the defence of honest belief in implied consent is restricted. The law requires that the accused took reasonable steps in the circumstances to ascertain that the complainant was consenting.
The accused cannot claim honest belief if their belief arose from self-induced intoxication.
The accused cannot claim honest belief if they failed to take active, reasonable steps to confirm consent.
The accused cannot claim honest belief if the complainant expressed words or conduct showing a lack of agreement.
The Importance of Credibility
Because these interactions often occur in private settings without third-party witnesses, trials can centre heavily on the comparative credibility and reliability of the complainant and the accused. A sexual assault lawyer may closely examine prior communications, statements, and surrounding circumstances to identify inconsistencies, test the evidence, and build a clear defence strategy.
Voluntary and Continuous Agreement
Consent must be continuous and present throughout the entire physical interaction. A person retains the absolute legal right to withdraw their consent at any point during a sexual encounter, at which time all physical contact must immediately cease.
Frequently Asked Questions
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In Canada, the age of consent for sexual activity, including intercourse and other sexual contact, is 16 years. This rule applies uniformly across all provinces and territories. There is no statute of limitations for sexual assault charges, and historical sexual assault allegations are very common. The age of consent prior to May 1, 2008, was 14 years.
General Age of Consent
To legally consent to sexual activity, a person must be at least 16 years old. In some cases, the age of consent is higher, such as when there is a relationship of trust, authority, or dependency.
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An accused may be found not guilty if they honestly but mistakenly believed the complainant consented. A sexual assault lawyer may examine whether the accused reasonably believed consent was communicated through words or actions and whether reasonable steps were taken to confirm that consent. The law does not require every possible step to be taken, but the circumstances and actions of the accused will be closely considered.
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Canadian courts have strict rules about challenging a complainant’s credibility. A sexual assault lawyer may seek permission to question the complainant about past sexual activity only where it is highly relevant and approved by the judge. That evidence cannot be used to suggest the complainant was more likely to have consented or is less credible because of their sexual history.
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Consult with an experienced criminal defence lawyer before speaking to the police about a sexual assault investigation!. Legal advice is crucial to understanding your rights and the potential impact a police statement will have on you. The police are trained in specialized techniques to elicit responses to help build a case against you. They may say they want both sides of the story to get to the truth, but you should not assist a possible prosecution against you. The time to tell your side should always be with the guidance of an experienced lawyer. A statement can be used against you in court, potentially revealing inconsistencies or supporting the complainant’s credibility and the Crown's theory of the case.
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The Canadian government has established a Sex Offenders Registry to track and monitor persons who have been convicted of sexual offences. The Registry is used by police officers and certain other organizations to track sex offenders and investigate sexual offences.
The Sex Offender Information Registration Act (SOIRA) requires a person on the Sex Offenders Registry to register every year, and to provide the police with certain information, including their addresses, where they are employed, volunteering, or going to school, and any licence plate numbers and descriptions of the vehicles that they use. Persons on the Sex Offender Registry must also notify the police if they expect to be away from one of their registered residences for a specified timeframe.
If a person is convicted of certain sex offences, a judge is required to order that a person be added to the Sex Offenders Registry. For some offences, the judge only has to make the order if the prosecutor asks that the person be added to the Sex Offenders Registry, but in other cases, the judge has no discretion and must make the order. Examples of offences where a judge must make a Sex Offenders Registry order include sexual assault, sexual interference, and child pornography offences.
Sex Offender Registry orders last for a period of between 10 years and life, depending on the circumstances. Click here to learn more about Canada’s Sexual Offender Registry.
How Does a Court Determine Whether There Was Consent to Sexual Activity?
Establishing that the complainant did not consent to sexual activity is essential in proving the crime of sexual assault. To determine if consent was given, the court examines the words, actions, and reasonable steps taken by the accused during the encounter.
Both verbal and non-verbal cues are important in assessing consent. It is crucial to note that the complainant does not need to explicitly voice their lack of consent or resist physically. Silence or passivity should not be interpreted as consent. Implied consent is not a valid defence against a sexual assault charge. Even if the accused believes that the complainant's silence, passivity, or ambiguous actions implied consent, this belief does not absolve them of responsibility.
The issue of consent can be complex because perceptions of the encounter may differ between the parties involved. The court will evaluate consent based on the complainant’s perspective at the time of the contact, not based on whether they regretted it later. The accused’s account will also be considered.
If the accused initially believed the complainant did not consent but later observed a change in their attitude, they must ensure that consent has been clearly given before continuing with any sexual activity. A lapse of time or the complainant's silence or ambiguous behaviour does not constitute consent. Continuing sexual contact after a clear refusal without confirming that consent has been given can result in a conviction for sexual assault.
Consent is not present in any of the following situations:
Agreement by Others: When the consent for sexual activity is given by someone other than the complainant.
Inability to Consent: When the complainant is unable to consent due to their mental state, including intoxication, unconsciousness, mental illness, or other conditions.
Abuse of Trust or Authority: When the Accused coerces the complainant into engaging in sexual activity by misusing a position of trust, power, or authority; i.e., parent or parental position, employer, guardian, family member, close friend, etc.
Expressed Lack of Agreement: When the complainant, through words or actions, clearly communicates his/her lack of consent to the sexual activity.
Revoked Consent: When the complainant initially consents but later withdraws their consent, either verbally or through behaviour.
Underage: When the complainant is under the age of 16 and the "close in age" exception does not apply.
It’s important to note that consent must be ongoing throughout the entire sexual activity. An unconscious person cannot consent, even if they had previously expressed consent. Consent requires the complainant to actively and consciously agree to each phase of the activity. Any sexual contact with someone who is incapable of continuously evaluating and providing consent is considered non-consensual under the Criminal Code.
Other Types of Sexual Offences
In addition to sexual assault, Canadian law outlines several other specific sexual offences, including sexual exploitation, sexual interference, invitation to sexual touching, voyeurism, child pornography, child luring, and indecent acts.
Sexual Exploitation.
Sexual exploitation (Criminal Code sections 153 and 153.1) involves using a position of trust or authority for sexual purposes with someone who cannot consent. This applies to individuals aged 16 or 17 if their partner is in a position of authority, like a teacher or coach. Courts evaluate the relationship's dynamics, including age difference, relationship development, and control exerted.
Sexual Interference.
Sexual interference, as defined in section 151, criminalizes sexual touching of individuals under 16, whether done directly or with an object. The law aims to protect minors from sexual exploitation.
Child Luring.
Under section 172.1, using a computer to solicit someone under 18 for sexual purposes is a crime. This includes online attempts to arrange meetings for illegal sexual acts.
Child Pornography
Section 163.1 criminalizes the making, distribution, possession, or access to child pornography. This includes any media depicting individuals under 18 engaged in explicit sexual activity or focusing on their sexual organs or anal region.
Invitation to Sexual Touching.
According to sections 151 and 152, it is illegal to persuade someone under 16 to touch another person for sexual purposes, using their own body or an object. This offence targets attempts to engage minors in sexual activities.
Indecent Acts.
Section 173 criminalizes performing indecent acts in public or exposing genitals to someone under 16 for sexual reasons. Acts like public masturbation are included, ensuring public decency and protection for minors.
Voyeurism
Voyeurism, outlined in section 162, makes it illegal to observe or record someone without their knowledge where they have a reasonable expectation of privacy. This includes situations where the person is nude, engaged in sexual activity, or when the observation is made for sexual purposes.
Incest.
Incest, covered under section 155, makes it illegal to have sexual relations with close-blood relatives such as parents, siblings, or grandparents. This prohibition ensures protection against familial sexual exploitation.
What is the Sentence or Punishment for Sexual Assault?
The sentencing for a sexual assault conviction varies widely. It can range from no jail time at all to a maximum of 18 months if the case is dealt with by summary conviction, or up to 10 years if prosecuted by indictment. More severe sexual offences, such as aggravated sexual assault or sexual assault causing bodily harm, can result in even harsher penalties.
Sexual assault encompasses a broad spectrum of behaviours—from inappropriate touching to full intercourse—so the sentence depends on the specifics of each case.
Certain sexual offences carry even more severe sentences. For example, sexual interference can lead to up to 14 years in prison with a mandatory minimum of one year, while sexually assaulting someone under 16 can also result in up to 14 years, with a minimum of one year.
When determining a sentence, judges consider numerous factors including the offender’s criminal history, the case details, and the severity of the assault. Each case is unique, and the consequences extend beyond immediate sentencing. Convictions result in mandatory registration on national and provincial sex offender registries for a minimum of 10 years, and potentially for life. This includes stringent police supervision.
The impact of a sexual assault conviction also extends to significant indirect consequences. Non-citizens may face deportation or challenges in obtaining citizenship. A criminal record can severely limit employment opportunities and hinder career advancement. Additionally, a sexual assault conviction can restrict travel, with some countries denying entry to individuals with such serious criminal records.
Given the serious nature of these charges and the potential long-term repercussions, having a criminal lawyer who specializes in sexual assault cases, like Ryan Patmore, is crucial. A skilled lawyer can provide expert guidance, advocate for the best possible outcome, and help navigate the complexities of the legal system.