Sexual Assault Lawyer Toronto

What our Lawyers can do for you

If you are facing sexual assault charges, our experienced criminal defence lawyers are in a better position to fight for your rights. Here is how we can help:

Appear in Court for You

In Toronto, an experienced criminal defence lawyer may appear in court on behalf of a client by way of designation of counsel. You (the accused person) can provide our lawyer with a signed designation allowing the legal professional to appear and act on your behalf for court proceedings. This is particularly helpful for routine court appearances, administrative processes, and when you want to avoid undue attention from the media.

If you do not want to appear physically in court, our sexual assault lawyer Toronto will firmly stand in your place and appear in court on your behalf during all legal proceedings as long as the law allows it. Indeed, our legal representation minimizes the need to physically appear in court during these emotional and stressful times. Furthermore, you will have the time to focus on your well-being while we handle the complex legal processes for you.

Fight for Your Rights

Canadians facing sexual assault charges or allegations need to take action to protect their rights while planning their legal defence. Whether these allegations are true or false, the most effective way to protect yourself is to hire a lawyer. Our knowledgeable lawyers usually recommend keeping a written, detailed, and accurate account of the incident, all conversations, text messages, and emails. You must keep this information confidential and only share it with our lawyer.

It’s also important that you work with our lawyers to identify all potential witnesses, communications, and documentary evidence that can strengthen your defence. Avoid speaking to the police officers unless your criminal defence lawyer is present. While most people think that cooperating with the police will help their cases, the information you share with the law enforcement department may be used against you in a courtroom.

Accusations of sexual violence can lead to a challenging and emotional time. We recommend taking proactive steps to protect yourself, and seeking counsel from our skilled legal team will increase your chances of winning.

Protect You

A sexual assault accusation or trial attracts media coverage that can be damaging to the accused person, whether the accusations are true or not. This is particularly true if the person accused of sexually assaulting the victim has a high-profile career or is a public figure. In such cases, we can seek a publication ban to protect your rights and ensure you get a fair and just trial.

A publication ban is an order from the court that limits or prohibits the broadcasting, publishing, and sharing of information that could identify a witness, victim, accused person, or any other person involved in a case related to sexual violence. Such information includes addresses, names, and other identifying details.

The purpose of publication bans is to protect the privacy and rights of all individuals involved in the case. This way, a fair and just trial can happen. In Canada, the defence, court, or prosecution can request a publication ban at any stage of the legal proceedings. The court will hold a publication ban hearing. If it decides that the ban is necessary for a fair trial, the publication ban will be in place for the period of the trial and lifted once the sexual assault trial process is concluded.

Fight the Charges of Sexual Offences

At Costa Law, we understand the importance of fighting the allegations and charges of sexual offences such as sexual touching, child pornography, sexual exploitation, sexual interference, and other sexual offences. If found guilty of any unwanted sexual contact charge, the consequences can be severe and long-lasting.

A conviction can result in hefty fines, a prison sentence, an appearance in the sex offenders registry, and a criminal record that can negatively affect different aspects of your personal and professional life.

It’s important to note that you are presumed innocent until the prosecutor proves beyond any reasonable doubt that you are guilty. Thus, the burden of proof falls on the prosecution, who should present evidence that you committed the alleged sexual offences. The right to be presumed innocent until proven guilty is a fundamental criminal law principle that ensures every accused person gets a fair trial.

The Costa Law legal team specializes in fighting sexual assault charges. We have many years of experience and a wealth of criminal law knowledge. We will use all legal means to fight the criminal charges against you. Remember, our legal representation could make a significant difference in the outcome of your case and protect your rights.

When Appropriate, Get the Charges against You Dropped

As mentioned, you are presumed innocent until proven guilty. The first and most important step in proving your innocence is to consult our lawyers. If you are wrongfully accused, arrested, and charged with sexual assault, we will assess the available evidence. Based on the credibility of the evidence, we will push for the sexual assault charges to be dropped by the prosecuting office.

However, if the alleged sexual crimes are serious, the prosecutor may be reluctant to drop the charges or negotiate even if the case has weaknesses. For low-level sexual assault cases, our lawyers can convince the prosecution to drop the criminal charges, particularly if you agree to a peace bond or apply for a discharge. This will require you to have a clean criminal record or an old record of minor charges. Here are different ways to get your charges dropped.

Peace Bond

This is a protection order that a court makes, particularly in most sexual assault cases with no reasonable grounds to believe the alleged criminal offence has been committed. Once you’re offered the opportunity to sign a peace bond, the sexual assault charges against you will be withdrawn as long as you abide by certain conditions. Remember, the court will consider the severity of the alleged crime and your past criminal history.

Conditional or Absolute Discharge

A conditional or absolute discharge means that you’re proven guilty but will avoid major consequences of a permanent criminal record, jail time, and listing in the national sex offenders registry. If you are given a conditional discharge, you must remain on probation (with certain conditions) for a specific period. The discharge will be removed from your record after three years.

An absolute discharge means you’re released without probation or other conditions. Thus, the discharge remains on your criminal record for a year. Remember, neither conditional nor absolute discharge is available if the alleged crime is a high-level sexual assault.

Suspended and Intermitted Sentences

A peace bond or discharge is unavailable unless you are accused of minor sexual assault, and you will have to accept the record that comes with a ‘guilty verdict.’ However, even if you get convicted of a high-level criminal offence of a sexual nature, alternative sentencing options may help reduce your jail term.

A suspended sentence is similar to probation. That means you will be released from jail with strict conditions. On the other hand, you can serve your intermitted sentence over the weekends so that you can continue working.

At Costa Law, we have highly experienced sexual assault lawyers whose priority is to protect your rights. We will assess the personal circumstances and the details of your case. We will also evaluate the available evidence and the strength of the case against you. This way, we can push for case dismissal under the most appropriate option.

Understanding Sexual Assault Charges

Section 271 of Canada’s Criminal Code defines sexual assault as any sexual activity that occurs with another individual without consent. Thus, there must be force used or a threat of force and no consent to sexual act from the alleged victim. That means the victim’s sexual integrity must be violated for the accused person to be found guilty of sexual assault.

This charge covers a wide range of behaviours from seemingly minor sexual offences, such as unwanted touching and kissing, to serious offences like fondling, groping, grabbing, rape, gang sexual assault, sexual harassment, certain sex offences like child pornography, and other sexual offences.

Even when there was no physical touching of the alleged victim, according to the Criminal Code, a threat of force can be enough to press sexual assault charges. Here are the factors considered when classifying the seriousness of a sexual assault charge:

• The age of the alleged sex offenders and victims
• The circumstances leading to the incident considered assault
• Facts surrounding the alleged victims’ sexual violation
• The nature of the sexual threats or contact made by the alleged sex offenders
• The part or region of the body touched
• Whether the victim suffered physical harm
• A combination of force and threats
• Words or gestures indicating that the sexual intercourse or encounter was non-consensual
• First-time or repeat offence for the alleged sexual offenders

All crimes classified as sexual assault are non-consensual. According to the Criminal Code, the age of consent in Ontario is set at 16. That means no one below this age can consent to activities for sexual purposes. Here are the main types of sexual assault charges.

Common Sexual Assault

This is the most common type of sexual assault charges. It occurs when an assault of a sexual nature happens but doesn’t result in physical harm. This broad offence is often left vague in Canada’s Criminal Code as it only references the victim’s sexuality being violated.

Penalties for this sex crime range from a year (the lowest possible sentence) to 14 years imprisonment if the victim is a young person below the age of consent (16 years) and up to a 10-year imprisonment if the victim is over 16 years.

Sexual Assault – with a Weapon, Causing Bodily Harm, or Threats

Any charge involving sexual assault that causes physical harm to the victim is often taken seriously. This is particularly true if the alleged sex offenders used a threat of harm or a weapon. These charges are even treated more severely if a prohibited or restricted weapon is used. If you are facing sexual assault charges of this nature, it’s recommended to consult our lawyers for legal counsel.

People convicted of sex offences with a prohibited or restricted weapon face a minimum prison sentence of five to seven years. The imprisonment period depends on whether it’s a first-time or repeat offence. The offenders can face up to 14 years in prison. For sexual assault with a non-prohibited or restricted weapon, convicted sex offenders face a minimum imprisonment of four years and up to 14 years imprisonment.

Aggravated Sexual Assault

Suppose the sexual assault victim suffered severe injuries – disfigurement, endangerment of their life, or maiming. In that case, the alleged sex offender may be charged with aggravated sexual assault. This is the most serious type of sexual offence and can lead to life imprisonment.

If a restricted weapon was involved and this was the accused person’s first offence, the penalty is a 5 to 7-year prison sentence. However, if a restricted weapon was involved, the accused person faces a prison sentence of four years (minimum) and up to 14 years in prison.

At Costa Law, we believe that not everyone charged with crimes related to sexual activity is guilty. Sometimes, false allegations are made. Furthermore, some alleged victims have a motive to lie in court, and our lawyers can expose such issues. There have been also cases of mistaken identity. So working with our experienced criminal lawyer can be a significant deciding factor between an acquittal and conviction.

The Legal Elements of Sexual Assault Charges

So, what must the prosecutor prove to secure a conviction for any sexual assault charge? According to Canada’s Criminal Code, the Crown prosecution must prove all elements of a sexual assault beyond reasonable doubt. If there’s a doubt concerning these elements, the jury or judge trying the case is legally required to acquit you.

Unfortunately, the sexual assault law is complex, and each element is subject to considerable litigation. That’s why you need an experienced criminal lawyer on your side. Here are the key elements of sexual assault charges in Toronto:

Intentional Application of Force

The force applied doesn’t have to be violent or the accused gain sexual gratification for the prosecution to secure a conviction for sexual assault. It can even be gentle, non-consensual touching like groping or rubbing. It can include indirect contact – for instance, a touch using a stick or another object. However, the application of force must be intentional – not an involuntary act or accident.

Absence of Consent

Here, the main question concerns the alleged victim’s state of mind. If the jury or judge believes that the plaintiff (victim) didn’t consent in their mind to the sex activity in question, the case is settled. Remember, consent should be voluntary. It can’t be the result of coercion, abuse of authority or position by the defendant (accused individual) towards the complainant, fraud, or threats.

Thus, it’s not a defence that the complainant consented even if they didn’t use the actual words of consent. Besides, the jury or judge will assess the totality of the available evidence concerning the state of mind of the complainant. If the jury believes the victim did not consent to sexual activity, they’ll move to the other elements of the case analysis.

Knowledge that the Victim didn’t Consent

In the context of unwanted sexual activity, the accused’s knowledge of the absence of consent to sexual activity may take different forms. It means awareness that the other party wasn’t consenting to the touching, kissing, groping, or any activity for a sexual purpose because he or she said so.

However, knowledge can also mean that the accused individual was willfully blind concerning the complainant’s consent to sexual activity or was reckless. These concepts are linked and refer to a situation where the accused individual knows there’s a risk that the victim isn’t consenting but proceeds with the sexual activity anyway.

Luckily, an honest but mistaken belief of consent to sexual activity is a defence in sexual assault cases. Our criminal lawyer will investigate the incident and assess the available evidence to determine whether the honest but mistaken belief defence applies to your case. We can argue that you honestly but mistakenly believed that the alleged victim was consenting to the activity in question.

In Canada, however, consent must be communicated clearly, either in conduct or words. Therefore, an individual charged with sexual assault can’t rely on passivity, ambiguous conduct, or silence as the basis for the defence of mistaken belief in consent. Furthermore, the mistaken belief defence can’t apply if the victim is intoxicated to the point of being unable to consent to sexual activity freely.

Sexual Nature of the Force

There are cases when the nature of the alleged activity will be a concern. For instance, ‘sexual’ touching often refers to any form of non-consensual touching that violates the integrity of the victim’s sexuality. The concern is whether the sexual nature of the alleged non-consensual touching would be apparent to any observer.

The jury or judge will consider the body part touched, the circumstances surrounding the incident, the relationship between the accused and the victim, any form of communication between the parties, and more.

Regardless of the details of your case, our criminal lawyer can prepare you at an early stage for all eventual litigation processes. We can investigate sexual offences and understand the available evidence. Remember, our priority is to protect your right to fair trial and freedom.

The Consequences of a Sexual Assault Conviction

Once you are convicted of sexual assault in Toronto, it’s not only the imprisonment you have to worry about. Other long-term consequences affect your professional and personal life. These include:

• A life-long criminal record that will negatively affect your immigration status (for non-citizens), employment, and education.
• Not being allowed near kids. This may include restrictions on employment and residence, particularly if the victim is a young person under 16 years old.
• Restrictions on the weapons you can access and use.
• Internet access restrictions, especially if you are convicted of certain sex offences related to the internet, like child pornography offences.

If convicted of sexual assault, a jury or judge must make a sex offenders registry order that requires sex offenders to provide their information in the provincial or national sex offender registry. This database provides identification information and other details about all convicted sex offenders. It allows the criminal justice system to track sex offenders.

Note that sex offender registry orders often last ten years if your offence was prosecuted by the summary of conviction. However, if you are serving the maximum term of 2 to 5 years imprisonment for the sex offence, your information will last ten years in the sex offenders registry. For those serving a maximum imprisonment of ten to 14 years, their information will last 20 years in the sex offenders registry.

Similarly, sexual assault convicts serving life imprisonment will have their information in the sex offenders registry for life. Remember, the offenders are required to report annually and notify the law enforcement officials if they intend to travel away from their address for over seven days.

Generally, the imprisonment, appearing in the sex offenders registry, and other consequences of a sexual assault conviction are severe. That’s why you need an experienced sexual assault defence lawyer to help you understand all your legal options and protect your rights.

Seek Legal Representation

If you are accused or charged with sexual exploitation, unconsented sexual intercourse, or facing other sexual assault allegations, you must hire an experienced lawyer for sexual assault lawsuits. Costa Law is a reputable sexual assault law firm that has handled many sexual assault trials successfully.

Indeed, we have helped many people accused of unwanted sexual touching, sexual interference, and other sexual assault offences, and we can help you.