Sexual Assault

What is Sexual Assault and how do we defend you?

No crime is as personal or traumatizing as sexual assault. As such, the Canadian criminal justice system considers assault charges among the most serious charges in the country.

According to the Canadian Criminal Code, sexual assault is “sexual contact with another person without that other person’s consent.” Sexual assault is criminalized under Section 271 of the Criminal Code, sexual assault with a weapon, threats to a third party or causing bodily harm under Section 272, and aggravated sexual assault under Section 273.

From the description of sexual assault, it is clear that determining whether there was “consent” is at the heart of all sexual assault cases. Section 273.1(1) of the Criminal Code describes consent at “the voluntary agreement of the complainant to engage in the sexual activity in question”.

How we will defend you

At Costa Law Firm, we understand how difficult a sexual assault case can be and we, therefore, offer much-needed expertise.

You need a criminal defence lawyer Toronto in a sexual assault case because the Canadian justice system has put in place steps to protect complainants in sexual assault cases. This is admirable, but it makes the defendant’s work in defending him/herself much more difficult. One such safeguard is that you cannot introduce the past sexual history of the complainant into evidence. If we feel the complainants past sexual history is relevant to your case, we find a way of pushing to get everything from this without actually deviating from the rule.

In most cases, you need the police and medical records of the complainant in your defence. As an example, if the complainant claims you raped her and you had consensual sex, medical records will show this. The law states that you can only access and introduce these records as evidence with special permission from the judge. We will put up a convincing argument that you need the records.

It is often necessary to hire a private investigator in a sexual assault case, especially if you know the complainant is lying for vengeance or other reason. We will hire such a private investigator to assist secure valuable evidence. We will also gather evidence through other means such as through DNA analysis.

The Crown prosecutor will try to convince the judge that there was no consent, and we will do the opposite. The law states that consent should never be assumed or implied or obtained trough treats or coercion. We will try to show that it was actually given. Consent cannot be given if one is impaired by drugs, alcohol or is unconscious. We will show that the complainant had all her/his faculties working fine. Consent can be withdrawn at any time. We will argue that it was never withdrawn.

Many figures of authority find themselves victim of their subordinates because the law states cannot be given if the accused abuses a position of power, trust, or authority. If you are in such a position, we will show that you did not abuse your power and that the sex was consensual.

You could reach us through 416-535-6329 to get a FREE 20 minutes consultative session with a top criminal lawyer Toronto.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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