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”.
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.