Offences of a Sexual Nature

Generally speaking, a sexual offence is a sexually motivated touching of another person without that person’s consent. Consent occurs when the complainant voluntarily agrees to the sexual activity in question but there are certain cases where a ‘factual’ consent does not constitute a ‘legal’ consent. For instance, consider a case where the complainant is under a certain age.

Being charged and convicted of a sexual offence carries a heavy social stigma that can severely impact a person’s reputation and life. Such cases have strong consequences for the accused and are very complex to defend. This is because sexual offences are treated differently by both the Crown Attorney’s Office and the Court as different penalties and procedures apply.

To prove a sexual offence, the Crown has to prove the occurrence of the assault and then establish that the force applied was for a sexual purpose. The Court will look at several factors such as the nature of contact, the situation, all the circumstances surrounding the conduct, and the motives of the accused.

Without an experienced defence lawyer with a solid understanding of such cases and the laws of evidence, challenging the credibility of the complainant can be very difficult. Harpreet Saini strongly believes in ensuring the right to a fair trial to all accused persons. He has over 18 years of experience in handling such delicate cases. He can help guide clients through the complex legal issues, conduct thorough cross-examinations of those called to the stand, and prepare a strong defence for their trial.