Sexual Assault Lawyer

As sexual assault lawyers, we understand the gravity and seriousness of sexual assault charges.

With any sexual assault allegation comes a whirlwind of potential consequences – your career, personal relationships, and public image are at stake.  Our senior lawyers are not just your defenders; they’re guardians of your rights, ensuring every step of your defence is navigated with precision and care.

Our defence strategy includes:

• Representation at all stages of your defence
• Advice & support throughout the criminal proceedings
• Managing media exposure, including enforcing publication bans
• Preventing the requirement of sex offender registration
• DNA Samples taken as well as fingerprints & photographs
• Mitigating restrictions on travel, work, and employment

At Charitsis Law, our focus is not just on legal representation; it’s about defending and protecting our clients with a winning strategy.

Our team of sexual assault lawyers is renowned for their expertise. Trust us to protect, defend, and champion your cause with the full force of our legal expertise and experience.

Sexual assault encompasses any non-consensual touching or physical contact that has a sexual nature. A charge of sexual assault can include actions from an inappropriate kiss, and physical touching to rape.

Key Elements of Sexual Assault:

• Non-Consensual Touching: For an act to be considered sexual assault rather than a “regular” assault, there must be a sexual element to the contact between the accused and the complainant.
• Sexual Nature of the Contact: Courts assess whether the contact has a sexual aspect by considering the circumstances and the body parts involved.

Non-consensual touching of sex organs is typically classified as sexual assault, regardless whether the accused to sought to seek sexual gratification or not.

Everyone who commits a sexual assault is guilty of:

• an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
• an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months

The Criminal Code of Canada outlines the following penalties for those convicted of sexual assault:

• Criminal record for life
• Imprisonment: A person convicted of sexual assault can face up to 10 years in prison for a single offence.
  • Repeat offenders may face life imprisonment.
• Probation: The court may also impose a probation order that includes specific conditions such as counseling or community service.
• Fines: A person convicted of sexual assault may be required to pay a fine.
• Restitution: The court may also order the offender to pay restitution to the victim for any losses suffered as a result of the assault.
• Registered Sex Offender: A person convicted of sexual assault is required to register as a sex offender.
• Peace Bond: A court may impose a peace bond, placing restrictions on an individual’s movements and activities.
• Prohibition order: A court may impose a prohibition order which prohibits an offender from
  • owning firearms,
  • communicating with victims, or
  • attending certain places or events.
• DNA Sample: A person convicted of sexual assault is required to provide a DNA sample to the Canadian DNA Data Bank.

It is important to note that these penalties are the maximum that can be imposed by the court, and actual penalties will vary depending on the circumstances of the case. In addition, if the offender is a young person, the Youth Criminal Justice Act applies with different penalties.

It is important to remember that anyone who is accused of sexual assault is innocent until proven guilty. Having a skilled sexual assault lawyer for your defence can ensure that your rights are protected throughout the legal process.

You do not have to appear in court, our lawyers can appear for you.

In Ontario, a defence lawyer may appear in court on behalf of their client in by way of a “designation of counsel“.

The accused provides their lawyer with a signed designation allowing the lawyer to appear and act on their behalf for specific court proceedings without their physical presence. This can be especially useful for routine appearances, administrative matters, and where the accused may want to avoid undue attention from media or otherwise.

Where the accused does not want to appear in court, our sexual assault lawyers will stand in your place, appear on your behalf in court and throughout legal proceedings.  Our legal representation minimizes the need to be physically present during these often stressful and emotional moments.

This allows you to focus on your personal well-being while we handle the intricacies of the judicial process for you.

Publication bans are orders from the court that prohibits the publishing, broadcasting, or sharing of any information that could identify an accused, victim, witness, or other person involved in a sexual assault case.

This includes names, addresses, and identifying details. The purpose of a publication ban is to protect the rights and privacy of all parties involved in a sexual assault case, ensuring a fair and just trial.

In Canada, the defence, prosecution or the court can request a publication ban at any stage of the criminal proceedings.

The court will hold a hearing to determine if the publication ban is necessary to ensure a fair trial. If the court decides to impose a ban, it will be in place for the duration of the trial and may be lifted after the conclusion of the trial.

Publication Bans:

• The defence can request a publication ban to protect the identity of the accused during the proceedings.
• The court holds a hearing to determine if the publication ban is necessary to ensure a fair trial
• The court makes a decision on whether to impose a publication ban
• The publication ban will be in place for the duration of the trial, and may be lifted after the conclusion of the trial.
• Breaking a publication ban is a criminal offence and can result in fines or imprisonment.
• Publication bans are an important tool in protecting the rights of all parties involved in a sexual assault case and ensuring a fair and just trial.

In a sexual assault trial or allegation media coverage can be incredibly damaging to the accused, whether the allegations are true or not.

This is particularly true when the accused is a public figure or has a high-profile career. Publication bans protect the rights of the accused and ensure that everyone receives a fair and just trial.

Persons facing sexual assault allegations need take action to protect themselves, while planning for a legal defence.

Whether the accusations are true or false, hire a lawyer with experience in sexual assault. We always suggest that our clients write out a detailed and accurate account of the incident, conversations, emails and text messages. Keep this information confidential, only sharing it with your lawyer.

When charged with sexual assault we suggest listing potential witnesses, relevant social media, text messages, emails or other documentary evidence can help to strengthen the defence.

Never speak to the police without legal representation, ever! It is a common misconception that cooperating with the police will help your case but in reality, any information shared with the police or anyone can be used against you in court.

Remember that false allegations can be an emotional time, taking proactive steps and following our advice from an experienced sexual assault lawyer will increase your chances of winning.

Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. Section 265 of the Criminal Code of Canada outlines the offences of assault and sexual assault as follows:

★★★★★ Nicholas was is an amazing sexual assault lawyer! He helped my husband in a difficult complicated case. Always on time, honest, well-spoken and supportive. My husband and I were extremely happy with his services, he’s helped my family in so many ways and we are very appreciative. C. Serwaah Toronto (GoogleReviews)

Many times sexual assault allegations revolve around consent issues, implied and otherwise.

Experienced sexual assault lawyers we know how to conduct a proper and thorough cross examination, helping the judge to fully understand what may or may not have happened.

In preparing your legal defence our criminal lawyers will consider issues such as:

• evidence against the accused
• review of the police investigation
• any legal issues or motions that may arise in defence

In any criminal prosecution the onus is on the police and crown attorney to prove the case beyond a reasonable doubt for a conviction to be entered by the Judge.

The age of consent in Canada is 16 years. 16 years is the age that criminal law recognizes the legal capacity of a young person to consent to sexual activity.

Children 12 to 13 years of age: maybe considered to consent where there is sexual activity with another child that is less than 2 years older than them.

Children 14 to 15 years of age: maybe considered to have consented where there was activity with someone less than 5 years older.

At no time is consent present where:

• the accused is in a position of trust or authority
• the accused is a person to which they have a relationship of dependency
• there is evidence of exploitative activity, such as prostitution or pornography

As well consent is never present where:

• the complainant is mentally incapable of forming consent
• consent is implied by threat or where the complaint was coerced
• the complainant shows lack of agreement by acts or words

The issue of mistaken belief in consent may be raised by accused where they reasonably believed that the complainant consented through acts or words. Any such belief will be subject to cross-examination by the court.

Where you have been accused or charged with a sexual assault it is important that you speak and receive advice from a sexual assault lawyer.

What the accused does after being charged can affect the case.

Many times when people have been accused of a sexual assault, their information is provided to the media where they are publically judged. There may or may not be grounds to support a charge.

Where you have been accused we make these immediate recommendations:

• do not make statements regarding the incident
• speak with a sexual assault lawyer as soon as possible
• do not contact the alleged victim, friends or relatives to discuss what happened

Where a bail hearing has been held, ensure that any of the bail conditions imposed are adhered to.

With sexual assault trials the judge and crown attorneys have received special training.

Likewise as a sexual assault lawyers we have have experience and training you defend our clients with any allegation of a sex-crime.

The Ontario court system has an agenda of how the case will proceed through the system.  Here we hope to explain the main part of the process that our firm takes care of on your behalf.

Sexual assault cases can be complex, where there has been an allegation of assault, the accused seek legal advice forwith.

Under Canadian law, sexual crimes are not subject to a statute of limitations. This absence of a time limit allows complainants to bring forward allegations of a sex crime years after the incident, even without witnesses.

Individuals can face charges for various allegations, including sexual touching, sexual exploitation, sexual interference, corrupting morals, child pornography, voyeurism, prostitution, and rape. Our skilled sexual assault lawyers are well-versed in defending clients against such charges.

Each allegation, regardless of when it is made, undergoes thorough investigation and is taken seriously by the police, crown attorney, and the courts. Our role as sexual assault lawyers is to provide robust legal representation, ensuring your rights are protected throughout this process.

The Supreme Court of Canada has held that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim.

When investigating a sexual assault, there are certain relevant factors to consider:

• part of the body touched
• nature of the contact
• situation in which the contact occurred
• words and gestures accompanying the act
• other circumstances surrounding the act
• threats that may or may not be accompanied by force

The victim of the sexual assault may be man or woman and the attacker can be of the same sex as the victim.

A spouse may be charged with sexual assault upon the other spouse.

In a sexual assault case all judges will consider the case of R.v. Ewanchuk. The court would review how this case would apply to the circumstances that the accused is facing.

Convicted Sexual Offenders are required to register with the National Sex Offenders Registry.

The Sex Offenders Registry tracks and monitors persons who have been convicted of sexual offences in Canada.

The registry is managed by the Royal Canadian Mounted Police (RCMP) and is available for use for police services to track and investigate sexual offences.

Sex offenders are required on an ongoing yearly basis to provide police with information regarding:

• employment
• volunteering
• any association with a school
• provide licence plate and vehicle information
• and residency including any travel

The requirement to register with the Sexual Offenders Registry can last for 10 years to life.

Where an accused is facing an allegation of sexual assault they should immediately contact one of our sexual assault lawyers to avoid the registry and to obtain legal advice.

Want legal advice or like to speak to a sexual assault lawyer? The first step is to give us a call at 416-731-7113.

There is no fee or obligation to call and speak to us.  The discussion is held with complete privacy and confidence with the lawyer.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.