As criminal lawyers specializing in defending individuals charged with statutory rape offences, we understand the complexities and nuances of these cases. In this article, we’ll delve into what statutory rape entails under Canadian law, the legal implications, defences available, and how our experienced team at De Boyrie Law can help if you find yourself facing such charges.
What is Statutory Rape?
In Canada, statutory rape is referred to as “sexual interference” or “sexual exploitation.” These terms refer to sexual activity with a person under the age of consent, which is typically 16 years old. However, there are exceptions and nuances in the law, such as close-in-age exemptions that allow consensual sexual activity between individuals who are close in age. In Canada, the age of consent varies depending on the nature of the sexual activity and the age of the individuals involved, and there are exceptions and variations to these rules.
Understanding Canadian Law
In Canada, statutory rape falls under the broader category of sexual offences, which are governed by the Criminal Code of Canada. Section 151 of the Criminal Code deals specifically with sexual interference, while Section 153 addresses sexual exploitation. These sections outline the legal framework for prosecuting individuals who engage in sexual activity with minors.
Legal Implications
Being charged with statutory rape can have severe legal consequences, including criminal prosecution, imprisonment, and registration as a sex offender. The severity of the penalties depends on various factors, such as the age difference between the parties involved, the nature of the sexual activity, and any aggravating circumstances.
Defences Available
If you’ve been accused of statutory rape, it’s crucial to seek legal representation from a qualified criminal defence lawyer. At De Boyrie Law, we understand the importance of building a strong defense tailored to the specifics of your case. Some potential defences in statutory rape cases may include:
- Mistaken belief of age: If the accused reasonably believed that the minor was of legal age and there was no intention to commit a criminal act, this defense may apply.
- Consent: In some cases, the minor may have consented to the sexual activity, which could impact the outcome of the case.
- Lack of evidence: Prosecutors must prove beyond a reasonable doubt that the accused committed the offence. If there is insufficient evidence, the charges may be dropped or dismissed.
How De Boyrie Law Can Help
If you’re facing allegations of statutory rape in Toronto, you need a skilled legal team on your side. At De Boyrie Law, we have extensive experience defending individuals against sexual offense charges, including statutory rape. Our team will work tirelessly to protect your rights, advocate on your behalf, and strive for the best possible outcome in your case.
Schedule a Free Consultation
Don’t face criminal charges alone. Contact De Boyrie Law today to schedule a free consultation with one of our experienced criminal defense lawyers. We’ll review your case, discuss your options, and provide the guidance and support you need during this challenging time. Trust De Boyrie Law to fight for your rights and your future.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.