A sexual assault is an attack on the sexual integrity of a person. The part of the body that was touched, the nature of the contact, how it happened, the words exchanged along with the gestures, threats, or other circumstances of sexual nature surrounding the conduct are important elements in determining if we are in the presence of a sexual assault. Sexual assault is not limited to touching erogenous zones. Any bodily touch accompanied by words with a sexual connotation can become a sexual assault. Even if the person does not seek sexual gratification, the actions objectively may suggest that we are dealing with this offense. The objective test defined by the Supreme Court is: can a reasonable person who witnessed the acts come to the conclusion that such acts are of a sexual nature?

Consent to sex in Canada is 16 years old. No sexual intercourse with a person under the age of 16 is a defense unless it happened before 2008 when the age of consent was 14 years old. However, the age of consent is 18 when we are in the presence of a person in authority, for example a teacher, a sports coach and the holders of parental authority.

With respect to child pornography, it may include any photographic representation, writing, or sound recording involving a person under eighteen years of age or presented as such in a explicit sexual activity or having a dominant sexual characteristic in relation to a person under the age of eighteen. Offenses relating to child pornography are not limited to production alone; several other activities such as publication, distribution including any transmission in electronic form, import, export, sale, possession and access are included.

If you are accused of sexual assault, one of the most common defenses is the defense of consent. With respect to child pornography, your defense lays often in the attack on the legality of the search warrant or the lack of knowledge of the material on your computer.

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