Between April 2017 and February 2020, the online news website Vox compiled a list of 262 celebrities, politicians, prominent business executives, and other influential people accused of sexual misconduct during this period. Vox editors said the list was created “as a way to represent the scope of the Me Too” social awareness movement and “kick off the reckoning around sexual misconduct that continues to this day.”
You can review the type of sexual misconduct each person on the list is accused of by clicking on their name. Let’s check out a few:
Many of those listed have suffered consequences for their sexual misconduct, whether through criminal charges, civil suits, employment termination, or reputational damage. However, some seem to have skated past the allegations with minimal impact. Harvey Weinstein suffered all the named consequences, while Ben Affleck appears to have suffered no consequences.
From a criminal law standpoint, four of the above eight names culled from the Vox list committed sexual misconduct that could be charged as sexual assault under Canadian criminal law. A cursory review of all 262 names on the list suggests that less than half committed sexual assault.
“While all acts of sexual assault constitute sexual misconduct, not all sexual misconduct is an act of sexual assault,” says criminal defence lawyer Jeff Mass , managing partner of the Greater Toronto Area’s Mass Tsang law firm. Referencing the allegations against actor Morgan Freeman, Mass Tsang managing partner Robbie Tsang adds, “The legal line between misconduct and assault was breached with the alleged ‘unwanted touching.’” Let’s take a closer look at what differentiates sexual assault and sexual misconduct.
“Sexual misconduct is not a legal term under the Canadian Criminal Code. Instead, the term is often used more broadly in employment, educational, professional, and social contexts to describe inappropriate or unprofessional sexual behaviours and acts. Forms of sexual misconduct only meet the threshold for sexual assault if they involve non-consensual sexual contact. Types of sexual misconduct that do not meet this threshold include:
Businesses and organizations with purview over those involved typically address allegations of sexual misconduct with internal disciplinary actions and administrative penalties. Those accused of sexual misconduct also face potential civil suits by their victims and a likelihood of social ostracization. While those accused of sexual misconduct do not need to secure the services of a criminal defence lawyer, they may need to hire a civil litigation lawyer.
Canada’s Criminal Code categorizes sexual assault as any form of assault committed with sexual intent. If evidence suggests that the assault was sexually influenced, police will charge the offence as a “sexual” assault. Sexual assault charges are premised on a lack of consent from the victim. To secure a sexual assault conviction, the Crown must prove that the victim did not consent to the act. As such, the Crown will prosecute even the most apparently minor forms of sexualized contact if there is no consent.
The Code describes basic or simple sexual assault as the following three acts when committed with a sexual purpose:
The Code simply defines third-tier aggravated sexual assault as cases in which the accused wounds, maims, disfigures, or endangers the life of the victim.
Penalties for sexual assault charges are far more severe than they are for regular assault and, in situations involving minors, violence, and weapons, carry mandatory minimum prison sentences. Even a basic level sexual assault conviction carries the potential for harsh penalties, including a maximum 18-month prison term when charged as a summary conviction offence and up to 10 years if charged under indictment. Perhaps needless to say, convictions for higher-tier sexual assaults carry even harsher punishments.
Thus, anyone facing sexual assault charges should secure the services of a skilled sexual assault criminal defence lawyer . An experienced criminal defence lawyer can strategize an effective defence to challenge the charges and avoid a possible prison sentence, criminal record, and mandatory registration as an Ontario sex offender.
If Ontario Police have charged you with sexual assault in the Greater Toronto Area, secure the best possible defence with the legal experts at Mass Tsang. With over 30 years of combined experience, Mass Tsang criminal defence lawyers have successfully defended 100s of clients against sexual assault charges. Contact us for a free initial consultation to learn how we can strategize an effective defence against your charges.
