R. v. B.J.B.

(Red Deer, P.C. - Sexual Assault and Criminal Harassment).  JB was charged with sexual assault and criminal harassment arising from an incident with a romantic partner. "Sexual assault" is a specific kind of assault that involves (1) a non-consensual touching and (2) for a sexual purpose.  "Major sexual assault" is recognized by the common law as a kind of touching that involves penetrating.  "Criminal harassment" involves knowingly or recklessly harassing a person in a manner that would cause the subject to fear for their safety. 

Defences to sexual assault generally fall into one or more of the following categories: (1) didn't happen, (2) identification or (3) defences of justification: consent and/or honest but mistaken belief in consent. Credibility and reliability are critical issues to explore in any sexual assault case. 

JB's case was scheduled for trial; however, from a review of the disclosure it was apparent that the complainant may have had some credibility issues impacting the ability to testify. Just prior to trial, the prosecutor agreed to resolve the case in a manner that would ensure JB would not have a criminal record. The resolution by peace bond operated to the benefit of all parties (accused, witness and prosecution).  A term of the peace bond included some counselling -- an important response to assist in  relaxing Prosecution concerns that there will be repeat behaviour.

A criminal record for sexual assault can result in even more dramatic consequences, because offenders are subject to inclusion on a sexual offender database (SOIR - "sexual offender information registry"). 

Sexual assault cases are taken very seriously by Prosecution services. Criminal courts in Alberta have, in the opinion of this Calgary criminal defence lawyer, had to deal with more sexual assault cases over the last half-decade than ever before. If you are charged with sexual assault, the consequences of conviction can be devastating. "Major sexual assault" penalties trigger a starting point sentencing consideration of 3 years in a Federal Penitentiary along with both a criminal record and inclusion on the sexual offender information registry. Inmates convicted of sexual assault can experience difficult challenges in a penitentiary setting. Therefore, hiring the right criminal defence lawyer to defend a sexual case is important. David Chow is a Calgary criminal lawyer who only accepts a small number of sexual cases each year and who offers a free initial telephone consultation.