After being found guilty of a criminal offense, several types of sentences are possible.
A judge can impose a prison sentence or fine on the offender. In some cases, however, the court may decide to grant a conditional discharge to an individual who has pleaded guilty or has been found guilty.
Yes, absolution is one of the most lenient penalties in the Criminal Code that can spare you from the heavy consequences of a criminal record !
But how do you get absolution? What types of absolution are possible? Is it possible to obtain absolution for any crime? The answer is quite complex.
A court may find you guilty of an offense without imposing a conventional sentence (such as a prison sentence). However, absolution is only possible in certain cases. In the context of sexual crimes , absolution is subject to strict conditions.
JuriGo will then explain everything you need to know about conditional discharge in cases of sexual assault.
Types of discharge: absolute discharge vs. conditional discharge
First, it is important to distinguish between the 2 types of discharge provided for in the Criminal Code: absolute discharge and conditional discharge.
Absolute discharge allows you to have no criminal record. In addition, this type of discharge does not impose any penalty or condition to be met in order to continue benefiting from the discharge. The Royal Canadian Mounted Police (RCMP) receives a probation order, which will be erased within a year.
Conditional discharge, on the other hand, is completely subject to compliance with certain conditions imposed by the court. Conditional discharge also allows the accused to not have a permanent criminal record: the idea is that a simple "mistake" does not define the rest of your future.
Unlike an absolute discharge, a conditional discharge will result in a temporary criminal record. Indeed, your criminal conviction will appear on your criminal record for a period of 3 years after the end of the probation order.
In this case, your absolution will depend on whether you respect the conditions imposed by the court. For example, the judge may require you to compensate the victim, do community service, pay a fine, etc.
These conditions may also include prohibitions on certain actions, such as communicating with the victim or frequenting certain places. In the context of a guilty plea for sexual assault, it is almost certain that the court will impose the condition of not contacting the victim.
In summary, in order to fully benefit from the absolution sentence, you are required to comply with the conditions attached to it until the end of the probation order.
How to obtain a conditional discharge for an assault crime?
As confirmed by the courts on numerous occasions, a conditional discharge is not a sentence available in any case. Certain specific criteria must be met in order for the court to grant a discharge.
1. The discharge is only applicable to certain offenses
Firstly, it should be noted that a discharge will not be possible if you are charged with an offense that carries a minimum sentence. For example, certain sexual assaults will be accompanied by a minimum sentence, which will close the door to the possibility of obtaining a discharge. This is particularly the case if the victim is under 16 or if they have suffered physical injuries during the assault.
It is also not possible to obtain an absolute discharge if you are found guilty of an offense punishable by imprisonment for 14 years or more. For example, serious sexual assault committed against a person under the age of 16 is an offense punishable by life imprisonment. Thus, such a conviction will make it impossible to obtain an absolute discharge.
2. Absolute discharge is in the accused’s true interest
This concept can often be confusing, since the "true interest" is not clearly defined in the Criminal Code. According to the courts, the accused must prove that the conviction will have very serious and damaging consequences on their life and future. For example, the accused could lose their job or lose the ability to travel abroad due to their criminal record.
To assess whether absolution is in the true interest of the offender, the judge will evaluate the accused's situation as well as the severity of the offense they are accused of. In the context of sexual assault, it is particularly these elements that could be a barrier to granting absolution.
For example, if you have a criminal record in sexual crime or present a risk of recidivism, this could work against you. The same applies if certain aggravating factors are found by the court, such as the degree of physical and sexual harm to the victim, the psychological and financial consequences they have suffered, etc.
3. Absolution does not harm the public interest
Finally, for an absolution sentence to be pronounced, the court must conclude that absolution does not harm the interests of society. To determine whether absolution would harm the public interest, the judge will take into account certain factors, including the seriousness of the offense and its impact on society.
In other words, the judge will ask whether absolution will have the consequence of shocking the population and making them lose confidence in the justice system. Indeed, the more serious the offense, the more the public interest is at stake.
Taking into account these three criteria, it will be up to the judge to decide whether absolution should be granted. To do so, he will have to balance the interests of the accused and those of society. It should be noted that an appellate court may modify the decision of the judge of first instance. Indeed, the decision to impose a sentence of absolution may be reversed if the appellate court is of the opinion that the judge made an error in applying the criteria for absolution.
What are the consequences of absolution in cases of sexual assault?
Absolution does not have the same impact as other types of sentences, but it still has certain important consequences. First, if you are subject to a suspended sentence for assault, you will be deemed not to have been convicted and you will not have a criminal record for the offense you were found guilty of.
However, the Royal Canadian Mounted Police (RCMP) will still keep your criminal record on file for a period of 3 years. After this period, the mention of your criminal record will be erased. The court will also keep the mention of your absolution.
It is important not to confuse absolution and acquittal! Acquittal means that you have not been found guilty of the offense you were accused of.
On the other hand, when you receive an absolution, you are indeed recognized as guilty of that offense, but you simply will not have to suffer the heavy consequences of a criminal record.
Respecting the conditions of absolution
If you are subject to conditional absolution, it is essential to respect the conditions imposed by the court. It should be remembered that absolution is subject to compliance with these conditions, so in case of failure, the court may cancel the absolution and impose any other classic penalty - such as imprisonment.
JuriGo helps you find a criminal lawyer for absolution matters!
Have you been accused of an offense and fear the consequences of a criminal record ? Depending on your circumstances, such as the seriousness of the offense and your genuine interest, you may be able to obtain conditional absolution.
Attention, granting absolution for sexual crimes is subject to several conditions, and courts will often take into account the public interest in such a decision. That is why you should be accompanied by a professional and qualified criminal lawyer in order to maximize your chances of not getting a criminal record!
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