Merely being charged with a sexual offence is overwhelming and life-changing. If convicted, even first-time offenders regularly receive lengthy jail sentences and are registered in the publicly-accessible sex offender registry.
Hiring the right lawyer is essential to navigating the complex proceedings and exploring all your options. Zargarian Litigation regularly defends clients against sexual assault, sexual interference, and other sexual offences in Nanaimo and throughout British Columbia.
What is Sexual Assault?
Sexual assault is non-consensual touching of a sexual nature. Reasonable steps must be taken to obtain clear and unequivocal consent; the law has a poor tolerance for grey zones in this regard.
Sexual interference is sexual touching of anyone under the age of 16, even if they consented. Under the law, minors under 16 cannot consent to sexual activity with anyone except with a partner who is close in age. What counts as being in close in age depends on the age of the minor.
However, the close in age exception may not apply if there is a relationship of trust, authority, dependency, or exploitation between the partner and minor. Such a relationship may make sexual relations with someone even over 16 unlawful, regardless of their consent. This is a summary of a complex area of law in which you will need a knowledgeable lawyer.
There is no restriction on how long after the alleged incident charges can be brought; nor is there any requirement for independent witnesses. Often, such cases will involve the version of one person against another. At Zargarian Litigation, we know that skillful cross-examination and thorough preparation are essential to mounting a strong defence. Call us today to begin working on your defence.
What happens if I get convicted for sexual assault?
Convictions for sexual assault, sexual interference, and other sexual offences commonly attract lengthy jail sentences and various orders, like prohibitions from firearms or weapons; registration in the publicly-accessible sex offender registry; and providing a permanent DNA sample to the RCMP, which can be used to identify you in any future incidents. The maximum penalty can be up to 14 years in jail, depending on the offence.
However, in exceptional cases, some offenders may receive significantly lower jail sentences or not go to jail at all. At Zargarian Litigation, we have significant experience arguing for exceptional sentences at the appeal and sentencing courts, including in Nanaimo. To learn more about your sentencing options, call us today.
Zargarian Litigation – Nanaimo Sexual Assault Lawyer
Under the law, you are presumed innocent until proven guilty. Even if you are charged, you’re NOT guilty, unless the judge determines so.
Sexual charges have some of the highest levels of bias and stigma against those charged. They are highly sensitive, particularly when there is media scrutiny. In Nanaimo, the media regularly attend court proceedings.
Anything you say to anyone can be used against you in court, especially if you say it to the police. You should speak to a skilled lawyer before speaking to anyone about your case, especially the police.
All people charged with a crime have the right to a fair trial. In practice, a fair trial is earned with hard work. Our lawyers are noteworthy for their knowledge, hard work, and dedication.
Understand your Legal Options, Book a Consultation Today
We have represented many clients against sexual assault and other sexual charges in Nanaimo and throughout British Columbia. Our principal lawyer, Babak Zargarian, is a local VIU grad who grew up in Nanaimo and regularly defends clients at the Nanaimo courthouse.
We will assist you at each step of the process, whether you’re pre-charge and under investigation; have been charged and are awaiting bail or trial; or have been convicted and need help with sentencing or appeal. To understand how best to defend yourself against your sexual offence charges, call us to set up a no-obligation appointment. The earlier in the stage you call us, the better we will be able to help you protect your interests.