Sexual Assault Lawyer Toronto

If you or a loved one has been charged with a sexual assault offence, the first step is to contact a criminal defence lawyer. Your lawyer will request the Crown Attorney to provide a complete investigative file, often known as disclosure, which helps to highlight the circumstances of the case. This file will include all documentation of the offense, including the police reports, witness statements and complainant’s statements, as well as photographs and video statements.

This disclosure will be reviewed by the lawyer to determine the risk of going to trial versus accepting a negotiated plea deal. The lawyers will look at several factors, such as the odds of winning the case at trial based on the police reports, and the complainant’s version of the events. All these matters will be discussed with the client during various meetings, and you will be advised on what the best options are.

The trial process for sexual assault charges is usually long. If a date is set today, expect the trial to take place about 6 to 8 months later. This gives the lawyers ample time to prepare your case. The legal team will review legal and factual issues that could impact on the outcome of the case before trial. Our lawyers often source for third party records, such as the victim’s counseling or psychiatric records, which can help with the case.

When the trial date arrives, the Crown calls the case and witnesses. The defence team cross-examines all witnesses and points out evidence which helps to prove that the accused is not guilty. The accused or other defence witnesses may also testify after the Crown completes calling its case. The Crown and defence then make closing arguments.

Depending on the severity of the allegation, a judge alone or a jury can decide the case. The court process is long and even though many of our clients want a quick resolution, it’s important to understand that proper preparation is key. Prep work can involve hundreds of hours, especially for bigger sexual assault cases. Having an experienced criminal defence lawyer by your side is important to get the best possible results for your case.

The first court appearance is usually for the lawyers to review the file and figure out the direction that they are going to take the case. The client may not have to appear in all remand court dates. Towards the end of the date, court process, the defence counsel will need to select a date(s) for a negotiated guilty plea, pre-trial date, or preliminary hearing, and a trial date(s).

A judicial pre-trial is a meeting with the judge to discuss all the aspects of the case. In this meeting, the defence lawyer, the Crown, and an independent judge are present. They may discuss what the Crown may be offering the client if they plead guilty as well as set the court time estimates and trial issues. If the Crown makes a reasonable offer, the accused may choose to take the offer and avoid going to trial.

If the Crown has made a good offer, your lawyer may weigh the risk(s) of going to trial and advise on you accepting the offer. If not, the lawyer may recommend proceeding to trial, or to a preliminary hearing. A preliminary hearing is not a trial. It is meant to determine if there is sufficient evidence to proceed to trial. Witnesses will testify to the Crown in court, and the defence team will examine the witnesses. The defence team can use this to their advantage as it gives them an opportunity to learn about the case and find inconsistencies or improbabilities that may help if the case proceeds to trial. The defence can use the information they obtain during the preliminary hearing to pin down the evidence and to develop a winning strategy.

A complainant may testify that there was no consent to engage in sexual activity. If this is the case, the court will analyse the complainant’s state of mind at the time of consent. The complainant’s consent may have ended at the point where s/he became unconscious or unable to provide their consent. A common situation occurs if the complainant was completely drunk or under the influence of drugs, and is thereby out of consciousness, or unaware of their surroundings.

If an adult victim consented, then it is not a sexual assault. However, the Crown must prove beyond a reasonable doubt that the adult did not consent to the sexual activity in question. The complainant will be cross-examined by the defence counsel in an attempt to create reasonable doubt that there was some form of consent, or that it did not happen at all, among other references.

Sexual assault charges vary from minor incidences to serious offences, such as sexual intercourse with a child or adult. Jail terms are likely for all kinds of sexual offences, but one may negotiate sentencing on very minor sexual assault charges. The length of the jail term, if applicable, will depend on the nature and severity of the offence, as well as other factors like (whether the accused has a previous criminal record). An accused person of previous good character may avoid or face a shorter length of jail term.

The courts have developed some ranges of sentences for sexual assault charges. For instance, someone facing a date rape charge that involves no injuries can face 2-3 years of imprisonment. Serious offences can attract 6 to 10 years or more in jail. Some cases result in a house arrest where the sexual offence in question is not a serious personal injury offence and does not carry a minimum term of imprisonment. For those who are sentenced for less than 2 years in jail, the court usually demands a probation period of 3 years, which ensures they are under supervision after being released from prison. There are many other conditions which can be imposed (SOIRA) including a sexual abuse registry for a determined length of time.