As part of the Safe Streets and Communities Act, established in 2012, the Canadian justice system has decided to be even stricter with regard to sexual crimes against minors.
As a reminder, a sexual offence against a minor occurs if there is a sexual offence committed with violence, coercion, threat or surprise against a child under 16 years of age. The possible repercussions of being convicted of a sexual offence on a minor are as follows.
Minimum penalties for sexual offences involving minors
The first possible repercussion when a person is convicted of a sexual offence against a minor is the penalty of imprisonment. As a result of the Safe Streets and Communities Act mentioned above, mandatory minimum sentences have been introduced in the Canadian Criminal Code. In other words, when a person is convicted of a sexual offence involving minors, he or she will in all cases be required to serve a minimum sentence. The length of these sentences will depend on the nature of the sexual offence. For example, if a person is convicted of incest, the minimum sentence is 5 years.
Prohibition order forbidding the approach of minors
Even after release from prison, a conviction for a sexual offence against minors has lasting consequences. Indeed, the accused and convicted person will have to comply with specific rules upon release from prison, which is called a prohibition order.
These prohibitions are defined by the judge, who takes into account several factors, such as the nature of the offence committed, the circumstances of the act committed, the risk of recidivism, the age of the victims and the background of the accused person. For example, a prohibition against being near the home where a victim ordinarily resides or a prohibition against having contact with minors may be included in the prohibition order. The duration of this order is decided during the criminal trial by the judge in charge of the case.
Prohibition on the use of firearms
In the case where the sexual offence against a minor was committed with a weapon, it is possible that a prohibition on the use of any firearm will be added to the order. In addition, the judge in charge of the case may consider it necessary to prohibit the person concerned from using firearms, even if he or she had not used them during the crime.
Registration in the National Sex Offender Registry
Another possible repercussion following a conviction for a sexual offence is the requirement for the guilty person to register in the national sex offender registry.
As a result, they are required to provide their personal information, allowing the Royal Canadian Mounted Police and police forces to easily identify them nationwide. To do so, the person in question must report to the police station in his or her municipality as soon as he or she is released from prison.
The duration of this entry in the national register will depend on the type of offence committed, ranging from 10 years to life.
Required DNA sample collection
In addition to being registered in the National Sex Offender Registry, a person convicted of a sexual offence involving a minor will be required to comply with a DNA sample, which will allow the RCMP to possess their personal data and be easily identifiable in the event of a repeat offence.
Contact a criminal lawyer if you are charged with a sexual offence involving a minor
As you can see, being accused, whether wrongly or not, of a sexual offence against a minor can have serious repercussions on your future life. It is therefore essential to consult a criminal lawyer in order to defend yourself as best as possible.
The DUI Montreal Lawyer firm has lawyers specialized in sexual offences and they will be at your disposal to build a solid case. Do not hesitate to contact our experts to get your free consultation.