Sexual Offences

Sexual Offences

You should speak with a lawyer immediately if you have been accused of sexual assault. This is a very serious charge, and before you plead guilty, you should speak with a Toronto sexual assault lawyer.

Consequences

The punishment for any sexual assault conviction is likely to include imprisonment, extensive probation, DNA orders, lifetime weapons prohibitions, and a 20-year SOIRA (National Sex Offender Registry) order.

Historical allegations

A sex assault allegation may be historical. This type of charge does not have a statute of limitations in Canada. Defendants, however, are entitled to a jury trial if the charge is brought after six months from the date of the alleged offence.

Consent

In many cases, the accused claims that the complainant consented to the sexual activity. Would this be a good defence? You should be aware that there are some scenarios that are not considered to support a consent defence.

Below are a few examples:

  • Having only been advised of consent by a third party (not too common);
  • A complainant was incapable of consent (e.g., intoxicated, mentally ill, or too young to consent);
  • Consent received by an accused solely because he held a position of trust, power or authority over the victim;
  • By her conduct or words, the victim indicates she does not consent (including cases where the consent was initially proper, but was subsequently withdrawn by the victim).
  • In the case of mistaken belief in consent, the defence is valid. This belief should not be the result of drugs or alcohol. To find out if there was consent, the accused must have taken reasonable steps.
  • In order for this defence to be successful, the accused would have to testify (despite the fact that the Crown bears the burden of proof in these cases).

Toronto law firm SC Criminal Defence is well known for representing clients in sexual assault cases

As a sexual assault lawyer in Toronto, we work hard to ensure his clients get the guidance and rectification settlement they deserve. We are regarded as one of the best sexual assault lawyers in the city with years of experience and a proven track record of courtroom success.

There are many reasons to choose us as your attorney. First of all, we manage each client with compassion and determination to help them. We offer free legal consultations on this page if you have questions. Our specialized knowledge, dedication, and experience help us consistently deliver the best results.