Sexual Assault Lawyer Toronto

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.

What Is Sexual Assault & 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.

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.

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.

Got A Case? Need Legal Help?

Our Defense

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.

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
Jeffrey Wen
Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
Benji Teixeira
Benji Teixeira
17:41 09 Apr 19

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