What happens if I am convicted of incest?

Susan Karpa Criminal Lawyer in CalgaryIf you have been charged or are being investigated, hiring a Calgary sexual assault lawyer is important. I am available to discuss the defence strategy for addressing these charges, the potential consequences of a guilty plea, the specifics of a peace bond if it applies, and any other relevant aspects related to your case. Please reach out to us for a free consultation at 587-888-7149.

What happens if I am convicted of incest?

If you are found guilty of incest, then you will almost certainly receive a prison sentence. If the victim is under 16 years of age, then you will receive at least a five-year prison sentence. If the victim is 16 years old or older, there is no mandatory minimum sentence in the Criminal Code, but sentences for incest almost always involve prison time – often significant prison time in the range of five to ten years, or more. The maximum sentence for incest is 14 years of imprisonment.

You also will be subject to court orders requiring you to provide your DNA information to be kept in a federal database, and you may be required to comply with the requirements of the Sex Offender Information Registration Act (SOIRA), and with other court orders, like an order to not have any weapons.

Sentences for sexual crimes against children have become much harsher since 2020 Supreme Court of Canada decision R v Friesen, which instructed Canada’s sentencing judges that such crimes should normally receive prison sentences in the “high single digits to double digits.”

Your ultimate sentence will depend on the circumstances of the offence, including aggravating and mitigating factors. Aggravating factors are circumstances of the offence or offender (you, if you are convicted) that call for a higher sentence, such as the victim being a vulnerable child or you being in a trust position over the victim. Mitigating factors are circumstances of the offence or offender that call for a lower sentence, such as you entering an early guilty plea or showing very good prospects for rehabilitation.