Sexual assault is a sexual offence under the Criminal Code, Part V, Sexual Offences, sections 271 to 273.1. It is a criminal act committed without the consent of the person, which is sexual in nature and violates their physical or psychological integrity.

Contrary to popular belief, sexual assault does not necessarily involve penetration. It can include sexual touching, unwanted physical contact, or even suggestive gestures or words without physical contact, depending on the definition of sexual assault.

If you are accused of sexual assault, you should immediately exercise your right to remain silent. Do not make any statements to the police, a counsellor, or anyone else without consulting a lawyer.

It is also essential to avoid all contact with the alleged victim of sexual assault, as this could constitute a violation of the conditions of release. Even indirect messages or messages sent through a third party can harm your defence.

According to the Canadian Criminal Code, a person’s consent to a sexual activity must be:

• Freely and voluntarily given,
• made with full knowledge of the facts,
• clearly expressed,
• and capable of being withdrawn at any time.

Silence, intoxication, fear, or failure to resist do not constitute valid consent. If a sexual relationship occurs without this explicit consent, it may be considered sexual assault.

The penalties for a conviction for sexual assault vary depending on the severity of the offence, the profile of the alleged perpetrator, and the age of the victim of sexual assault. They may include:

• a minimum sentence (particularly if the victim is under the age of sixteen),
• imprisonment,
• probation or strict supervision conditions,
• registration on the National Sex Offenders Register,
• and possible long-term professional and social consequences.

In most cases, a conviction for sexual assault means registration on the national registry for a period ranging from 10 years to life.

This registration limits your movement, may restrict your employment opportunities, affect your parental rights, and damage your reputation.

An experienced sex crime lawyer can:

• Analyze whether the alleged offence meets the requirements of the Criminal Code,
• examine the evidence, including electronic communications and witness testimony,
• challenge the credibility of the complaint and assess the sexual nature of the act,
• verify that your constitutional rights have been respected,
• negotiate a settlement, request a stay of proceedings, or prepare a full defence for trial.

If you are acquitted, no record of an offence will be kept on your criminal record. However, if you are convicted, you may be eligible to apply for a criminal record suspension (formerly known as a pardon) after a certain period of time.

However, sexual offences, including sexual assault of a person under the age of 16 or in a context of domestic violence, are subject to very strict criteria, and obtaining a pardon is not guaranteed.

Yes. Steven Slimovitch is available 24/7 for urgent criminal matters. If you are arrested or charged, you can call at any time to receive immediate legal assistance. Acting quickly can be critical to protecting your rights.

Absolutely. Steven Slimovitch can act on your behalf right away. Having a lawyer present from the earliest stage helps ensure that your rights are respected and can significantly impact the outcome of your case.

Not necessarily. In urgent cases, initial consultations can often be done over the phone or by videoconference. Steven Slimovitch will work with you to find the fastest, most efficient way to begin your defence.

Immediately. Upon your first contact, Steven Slimovitch will start assessing your situation and advising you on the next steps to take. Early intervention often makes a major difference in criminal matters.

Yes. Although based in Montreal, Steven Slimovitch regularly represents clients across Quebec and can discuss handling cases elsewhere depending on the circumstances.