R. v. S.C.S.

(Alberta, P.C. - Sexual Assault). SCS was charged with a number of sexual assault related allegations arising shortly legally becoming an adult.   SCS's case was somewhat unique because the criminal law jeopardy only existed because of certain limitations/definitions in the Criminal Code.  As with many sexual offences, "consent" may be an important  issue. Canadian law recognizes that people in a certain age group cannot consent, even with those who are close to their age, but not directly within the parameters of the close-in-age exceptions recognized in the Criminal Code of Canada.  The charges faced by SCS carried minimum punishments.  SCS's Alberta sexual assault lawyer filed a Charter Notice challenging the mandatory minimum penalties -- the application was successful. The Defence also successfully argued that the high custodial sentence sought by the Crown was not appropriate in the unique circumstances of SCS's case. As a result, SCS received a very favourable sentence. Important to SCS's case is a recognition that the incident was not the kind of "rape" scenario ordinarily envisioned in sexual assault situations. Some sexual assault cases capture accused persons who are close-in-age to the complainant(s), but not within the range of exception recognized by our law.  In cases such as R. v. Hajar and R. v. Ford the Alberta Court of Appeal recognized that close-in-age situations could mandate penalties below -- possibly even far below -- the mandatory minimum punishments outlined in the Criminal Code. SCS was lucky because in Canada, individualized sentencing is seminal to the sentencing process. As an individual, it was recognized that SCS's case was not the kind of rape scenario that often attracts the mandatory minimum or even serious custodial sentences, such as those contemplated in authorities such as R. v. Sandercock.  Indeed, SCS is an example of a case where denunciation and deterrence can be accomplished fairly, compassionately and legally. If you have been charged with sexual assault, it is important to hire the right criminal defence lawyer for the job. David Chow is a full service Alberta criminal lawyer who offers a free consultation.