Sexual Exploitation

Sexual exploitation is a crime that targets the misuse of power, particularly when an individual is in a position of trust or authority over a minor. If found guilty, you could face harsh penalties, including imprisonment and a permanent criminal record. Seeking prompt legal advice from an experienced criminal defence lawyer is necessary in navigating these circumstances.

Sexual exploitation is treated with zero tolerance in Alberta. A skilled criminal defence and sexual assault lawyer in Edmonton can analyze the specific details of your case, challenge the evidence, and negotiate on your behalf to achieve the best possible outcome.

If you’re facing charges related to sexual assault in Alberta, you’re dealing with an extremely serious criminal charge. Contact Geoff Green today for a free initial consultation to discuss your case.

What is Sexual Exploitation in Alberta?

Sexual exploitation targets individuals who use a position of authority or trust to exploit someone, typically a young person aged 16 or 17, for sexual purposes, as outlined in Section 153 of the Criminal Code of Canada. This law aims to protect young people from individuals who might misuse their power to gain sexual gratification.

The prosecution must prove beyond a reasonable doubt that the accused was in a position of trust or authority and used that position to engage in sexual activity with the victim. This offence often involves complicated factors, such as the relationship between the accused and the victim and whether coercion or influence was present.

It’s crucial to understand the gravity of these charges. Sexual exploitation is classified as an indictable offence and carries heavy penalties. Even if it’s a first-time offence, the consequences are life-altering, ranging from substantial jail time to restrictions on future employment and travel opportunities.

Common Challenges in Sexual Exploitation Cases

Defending against a sexual offence charge comes with significant challenges. The prosecution will focus heavily on proving the relationship dynamics and showing that the accused used their authority to exploit the victim.

• Position of Trust or Authority: One of the primary hurdles is establishing whether the accused was indeed in a position of trust or authority over the victim. Teachers, coaches, employers, and even older peers can fall into this category, depending on the circumstances.
• Consent: The concept of consent is complex in sexual offence cases. Even if the young person appears to have consented, the law does not view this as true consent if there is evidence of manipulation or misuse of authority.
• Witness Testimonies: Sexual exploitation cases frequently rely on witness testimonies, including the alleged victim. The reliability of these testimonies can be challenged, but cross-examining a young witness requires a careful, respectful approach to avoid further harm or discrediting the defence.

Steps to Take if You’re Charged with Sexual Assault or Sexual Exploitation

If you’ve been charged with sexual assault in Alberta, it’s crucial to act quickly and wisely:

• Do Not Speak to Anyone About Your Case: Anything you say could be used against you in court. Refrain from discussing the charges with friends, family, or online. Only discuss the details of your case with your lawyer.
• Contact a Lawyer Immediately: Time is critical in building an effective defence. Contact an experienced criminal defence lawyer in Edmonton, like Geoff Green, who is well-versed in sexual assault charges in Alberta. The earlier you have legal representation, the better your chances of a favourable outcome.

Gathering evidence is vital. This could include:

1. Digital Evidence: Messages, emails, or social media posts can be pivotal in establishing the context of the relationship.
2. Witness Statements: Any third-party witnesses who can testify to the nature of the relationship or refute accusations of abuse of power.
3. Character References: Statements from people who can speak to your integrity and character might be helpful, especially if they can provide insight into the nature of your role and interactions with the alleged victim.

How can a Sexual Assault Lawyer in Edmonton Help with Sexual Exploitation Charges?

In cases of sexual assault, every detail matters. An experienced criminal defence lawyer will meticulously analyze the evidence, challenge inconsistencies, and build a robust defence strategy.

• Analyzing Evidence: A skilled lawyer will scrutinize every piece of evidence to identify weaknesses or inconsistencies in the prosecution’s narrative. They will also ensure that your rights are respected during the investigation.
• Negotiation and Representation: Your lawyer may negotiate with the Crown to have charges reduced or dismissed, especially if the evidence is weak. Your lawyer will represent you in court, cross-examine witnesses, and present a compelling defence.

Here’s how a lawyer can assist in these cases:

Action	Benefit	Impact
Evidence Analysis	Identify weaknesses	Stronger defence
Negotiation	Potential reduced charges	Lighter sentences
Legal Strategy	Tailored approach	Better outcomes
Court Representation	Expert advocacy	Increased chances
Client Support	Guidance through process	Reduced stress

Penalties if Charged with a Sexual Exploitation Offence in Alberta

The penalties for sexual assault are severe and can include:

1. Imprisonment: Depending on the severity, you could face up to 10 years in prison.
2. Criminal Record: A conviction results in a permanent criminal record, affecting employment and travel prospects.
3. Sex Offender Registry: Those convicted of sexual assault may be required to register as a sex offender, which significantly impacts privacy and freedom.

Even for a first-time offender, the consequences are serious. The Canadian legal system prioritizes the safety of young individuals, so any perceived abuse of authority is treated harshly.

Defences for Sexual Exploitation Charges in Alberta

In cases involving sexual assault, establishing the actual dynamics of the relationship is critical. We focus on ensuring the full context is presented in court, including any factors that challenge the misuse of power allegations.

Several defences can be employed in sexual assault cases. Your lawyer will work closely with you to develop a defence strategy suited to your situation.

• No Position of Trust or Authority: If your lawyer can show that you were not in a position of trust or authority over the victim, the prosecution’s case may be significantly weakened.
• Lack of Intent: The prosecution must prove that the actions were intended to exploit. Your charges may be reduced or dismissed if there is reasonable doubt regarding intent.
• Mistaken Identity: Individuals are sometimes wrongly accused due to misidentification. This is where an alibi and other corroborating evidence can prove essential.
• Mistake of Fact: age may be an issue including taking reasonable steps to ascertain the alleged victim’s age.

Frequently Asked Questions About Sexual Exploitation Charges in Alberta

Understanding aggravated sexual assault charges can be overwhelming. Here are some frequent questions that arise:

1. What is the difference between aggravated sexual assault and sexual assault? Sexual exploitation specifically involves abusing a position of trust or authority over a minor aged 16 or 17. Sexual assault, on the other hand, is a broader offence that doesn’t necessarily involve authority figures or specific age considerations.
2. Can I be charged if the young person consented? Yes, you can still be charged. Under Canadian law, consent is not valid if it was obtained through the abuse of power or authority over a young person.
3. Will a sexual interference conviction prevent me from travelling? Yes, a conviction will likely impact your ability to travel internationally, especially to countries like the United States that restrict entry for individuals with serious criminal records.
4. What should I do if I am falsely accused of unwanted sexual contact? If falsely accused, gather evidence supporting your innocence, including messages, emails, or witness statements. Avoid direct contact with the accuser and speak only with your lawyer.
5. Can these charges be reduced or dismissed? In some cases, yes. Charges can be reduced if there is weak evidence or through negotiations with the Crown. An experienced lawyer can explore potential plea deals or alternative resolutions.

Get a Free Consultation for Sexual Exploitation Charges in Alberta

Facing charges of sexual exploitation can be overwhelming, but there is hope. With experienced legal assistance, you can navigate these challenges effectively. Remember, you are presumed innocent until proven guilty.

The consequences of a sexual exploitation conviction are severe, but early intervention and a robust defence strategy can make all the difference. If you face these charges in Alberta, do not delay seeking legal help. Geoff Green has over 25 years of experience in criminal defence, including complex cases involving authority and consent.

Contact Geoff today for a free initial consultation. Put his decades of criminal defence experience to work to assess your situation, understand your options, and work towards building a strong defence. Early legal intervention is crucial in aggravated sexual assault cases, and our team is here to help protect your rights and future.