Can Sexual Assault Be Considered An Indictable Offence

Is sexual assault in Canada an indictable offence? That’s a very important question. So first of all, sexual assaults considered would be called a hybrid offence that the Crown can elect, summarily or they can elect my indictment. If they elect summarily that means that the maximum penalty is eighteen months if it’s an adult victim. If the person’s under 16 who’s the victim, the maximum two years less a day but there’s a mandatory minimum of jail term as well for a person under 16. If the Crown elects by indictment and the victim is an adult. The accused is facing up to 10 years in jail. It’s very significant. If the person is under 16, the victim, the accused is facing a maximum of 14 years in jail. So, under Canada, if you’ve got a historical allegation, let’s say something occurred more than a year ago. Well, the Crown has to elect by indictment, there’s no question about that, they can’t elect summarily, that’s the way our system works. So, it’s considered a historic allegation, usually those are the most serious as well. But the nice thing about that and I covered in another video, that’s the bad news, of course, that you’re facing a more serious indictable offence with more maximum jail term. But the good news is you have a right to a jury trial so you can elect to be tried in either the Ontario Court of Justice or you can elect to be try the Superior Court. Of Justice. So, you may or may not want to elect judge or jury with a view to reelecting depending on the judge you draw. So, there’s different strategies involved. But the bottom line is sexual assaults, always considered an indictable offence until the crown elects, so when you’re charged initially is considered to be indictable. Once the case gets to court. The Crown says well, is this less than one year? Is more, is it more minor offences, just for example, a buttock touching more minor or breast grab, well the crown doesn’t want to elect by indictment because you’re not looking for years in jail. They might be looking for weeks or months in jail or even no jail, depending if it’s a low-level case. The crown might elect summarily. So that’s in a nutshell is called a hybrid offence. The crown is responsible for electing and I suppose the good news, maybe only good news maybe if it’s by indictment is at least you get more election rights, a right to a jury. Thank you for watching our video, we are absolutely committed to bringing you the best possible criminal and DUI educational programs. If you found this video helpful, please like it and subscribe to our YouTube channel. If you’ve been charged with a criminal offense and Ontario and require our services, please click on the link in the description below.