Indecent Exposure and Indecent Act
Indecent exposure and indecent acts are covered under section 173 of the Criminal Code of Canada although not often seen in the courts of this Province, are nevertheless serious allegations that can minimally result in the imposition of consequences which can greatly impair one`s ability to seek or maintain employment, in the event a criminal record is obtained.
Essentially, indecent exposure in public implies a sexual component, either of committing an indecent act in public or of exposing one`s genital organs for a sexual purpose to a person under the age of 16 years.
However, the offence under the first part of the definition section requires that the act complained of must be performed in the presence of one or more other persons and the role of the criminal defence lawyer may, for example, be to highlight that if there was only one other individual who witnessed the act, in circumstances where this person might have been expected to approve of or in some way participate, the accused person must be found not guilty.
In preparation for trial, the criminal lawyer may well challenge whether or not the location where the alleged criminal conduct took place is in fact a “ public place.”
Generally speaking, the Prosecution must satisfy this requirement by proving that the location is one to which the public has access. However, this is always open to interpretation and argument and also is very much wrapped up in the issue of intent.
Have You Been Charged With Indecent Exposure?
In addition, of course, even when the act complained of unquestionably occurs in a public place, the behaviour itself may have a sexual component but not be considered indecent.
Precedent cases, have determined, in some provinces, that this result might be obtained, for example, where a woman walked down the street with her breasts exposed. Changing standards of community tolerance must be applied in determining whether any acts that form the subject matter of a criminal charge are indecent, such that they bring into play the sanctions and penalties of indecent public exposure in the Criminal Code of Canada.
And as always, in the case of any criminal prosecution, the charge before the court must be proven beyond a reasonable doubt and every accused person, according to the Charter of Rights and Freedoms must have the opportunity of presenting a full answer and defence. This includes the right to challenge any evidence brought forth against him or her in a court of law and the right to testify on his own behalf.
Perhaps it goes without saying, but needs to said in any case, that the preparation of competent and experienced criminal defence lawyer can often be the difference between being found guilty or not guilty of an offence and it is absolutely necessary that you feel comfortable in the knowledge that your lawyer is someone you can relate to and is committed to your cause throughout the process in the criminal justice system. This is our mission at The Criminal Law Team. Give us a call for a free case evaluation.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
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Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)