In Toronto, domestic assault is not taken lightly, and when sentencing the perpetrators, the offence is considered as an “aggravating factor”. According to domestic assault lawyer Toronto at Ernst Ashurov, that implies the penalty will be more intense compared to those who found guilty of other offences which are not related to domestic.
Unfortunately, most of the domestic assaults go unreported because those who are involved in them usually resolve them at home, which can be potentially dangerous if the perpetrator is a serial assaulter. Domestic assault lawyer Toronto recommends reporting of such cases whenever they happen.
- What Is A Domestic Assault?
Domestic assault is not well-elaborated in the criminal code, and it is handled differently compared to a regular assault in courts.
However, it is defined as any assault that happens in domestic or intimate relation context between two people. This encompasses relationships such as spouses, family members, boyfriends and girlfriends or common law-partner.
According to domestic assault lawyer Toronto, in Toronto these cases are handled seriously by the courts and police due to the following reasons;
- There are high incidences of domestic assault in Toronto.
- Domestic assault can affect children.
- There are high chances of escalation if it is not stopped quickly and effectively.
When a domestic assault happens, the prosecutor should prove the following beyond reasonable doubt, i.e. that:
- There was a domestic relationship between the victim and the perpetrator (i.e. family member, spouse, romantic relationship, etc.)
- The accused used force directly or indirectly to the victim with consent.
- The use of force was intentional.
- Available Defences In Domestic Assault Cases
The prosecutor should prove that the accused assaulter did so without his/her partner’s consent. However, in some cases such as rough sex where the two parties agreed the judge might not have the right grounds to accept the Crown’s prove based on consent.
According to assault lawyer Toronto, self-defence is commonly used in all assault allegations. However, some conditions have changed as set out in the criminal code;
- Should prove that the complaint used force against you or you can support force would be used.
- Your response was intended to protect yourself from the force.
- Your response was not extreme, given the force used by the complaint.
The court will evaluate the following to identify what was a reasonable thing to do;
- The past of the parties involved.
- Any past force events.
- Whether you had other ways to protect yourself.
- Whether either party was on drugs during the incidence.
- The size, gender and physical strength of the parties.
- The nature of force applied by the compliant.
- Whether the force applied by the accuser was proportional to the force applied by the complaint.
From these factors, the judge will be able to come up with the right decision concerning the case.