Sexual Assault Lawyer Toronto

STRATEGIC DEFENCE FOR SEXUAL OFFENCE CHARGES IN TORONTO

Whether you have been wrongly accused or you have indeed committed the crime and are searching for a reliable sexual assault lawyer in Toronto, we can help. We are one of the most reputable criminal defence firms in Toronto, and we will handle your case from the beginning to the end and accord it the care and attention it deserves.

Working with a skilled criminal lawyer who understands sexual offence charges is crucial to ensure the best possible outcome.

TORONTO SEXUAL ASSAULT LAWYERS

Contact Posner Craig Stein LLP if you have been arrested for or charged with sexual assault or exploitation. You do not have to face the criminal justice system alone.

Charges of this nature are serious and can have long-lasting consequences. If someone brings allegations against you, it can ruin your reputation, tear apart your family, and lead to harsh penalties such as a prison sentence and being required to register as a sex offender.

Based on decades of experience as Toronto sexual assault lawyers, Posner Craig Stein LLP will develop a solid strategy to defend you against the charge you face and advocate for your freedom. We have over 85 years of combined experience representing clients in sex offence cases. Let us put our knowledge and skills to work for you.

For a free consultation with a criminal lawyer in Toronto, call our firm or contact us online today. We will protect your rights and fight for your future.

WHY CHOOSE OUR SEXUAL ASSAULT DEFENCE LAWYERS IN TORONTO

You need a skilled sexual assault defence lawyer in Toronto to guide you through the complicated legal process. Posner Craig Stein LLP provides our clients with strategic and sophisticated advocacy.

We understand how frightening potential imprisonment, fines, and other punishments are. When you hire us, we will offer the emotional support and legal services you need during this challenging ordeal.

Every client’s case is unique, and we approach each one with fresh eyes to determine the right strategy to reach the desired result. We will get to know you and work to meet your needs at every step, from under investigation and bail hearings to the trial and appeals. You can count on us to stand with you until the end.

WHAT IS SEXUAL ASSAULT

In Canada, sexual assault can be defined as a contact for a sexual purpose that is not consensual. According to the Supreme Court of Canada, these charges do not depend only on whether the action causes contact with a specific body part. Instead, it depends on whether the sexual activity violates the sexual integrity of the victim.

The victim and perpetrator of this criminal offence can be of any gender or sexual orientation. Some cases arise in the context of relationships between spouses, where charges may also include domestic violence offences.

COMPONENTS OF SEXUAL ASSAULT

The Crown must prove these elements beyond a reasonable doubt to secure a conviction for sexual assault:

• The accused intentionally applied force to the victim
• The victim did not consent to the force
• The touching was of a sexual nature

To understand what it takes to be convicted, an understanding of each element is required.

Understanding the Intentional Application of Force

The force used by a defendant while committing an assault of this nature need not be violent, such as acts of forced intercourse. It can be a gentle touch or involve groping or rubbing. It can even involve indirect contact, such as using an object to touch the victim.

The application of force needs to be intentional.  Accidental or involuntary touching does not amount to a sexual assault because it is not intentional.

Understanding the Absence of Consent

​Consent concerns the victim’s state of mind during the crime. Consent is specifically voluntary and cannot result from fraud, threats, coercion, or the abuse of a position of authority or trust. Even if someone consents to the sexual conduct, it can be deemed an absence of consent if fraud or other exploitative circumstances contributed to the victim’s decision.

Sometimes, a victim of sexual assault is under the effects of alcohol and/or drugs. In such circumstances, the victim may not have the capacity to consent to sexual activity. A defendant who engages in sexual activity with a person who is highly intoxicated may be exposed to prosecution.

Understanding the Sexual Nature of Touching

In considering whether an assault is sexual in nature, a judge considers the following factors:

• The part of the victim’s body that the defendant touched
• The nature of the touching
• Any gestures, words, or threats that accompanied the defendant’s conduct
• The defendant’s intention or purpose, including whether there was sexual gratification

EARLY GUIDANCE FROM A SEXUAL ABUSE LAWYER MATTERS

Cases of this nature are complex, and the intricacy of your case will depend on the circumstances surrounding it. Sexual assault cases are not routinely dismissed by prosecutors. You must ensure that you have proper legal representation throughout the process. No matter the complexity of your allegations, our sexual abuse lawyers can represent you.

CONTACT A SEX ASSAULT LAWYER IN TORONTO

The investigation process for your case may take longer than you expect. Processing all the relevant evidence, examining witness testimony, and obtaining statements from the victim and defendant can take weeks. After the investigation, charges will be laid and a trial date will be set. You may have to wait for months before the actual trial commences.

A skilled sex assault lawyer can help you understand each stage of the process and ensure your rights are protected throughout.

LEVELS OF PUNISHMENT FOR SEXUAL ASSAULT

Canadian law punishes sexual assault cases according to the type of offence and related factors, such as the victim’s age and whether the defendant is a repeat offender. Minimum and maximum penalties must be observed, and also depend on whether the case is prosecuted by summary conviction or by indictment.

The penalty ranges include:

• Indictment for the sexual assault of a victim under 16 – one to fourteen years imprisonment
• Summary conviction for sexual assault of a victim under 16 – six months to two years less one day’s imprisonment
• Indictment for the sexual assault of a victim over 16 – Up to 10 years imprisonment
• Sexual assault leading to physical harm – Zero to fourteen years imprisonment
• Sexual assault with a restricted or prohibited firearm causing physical harm – five to fourteen years imprisonment
• Sexual assault with a restricted or prohibited firearm by a repeat offender leading to physical harm – seven to fourteen years imprisonment
• Sexual assault causing physical harm to a victim under 16 – five years to life imprisonment
• Aggravated sexual assault using a prohibited or restricted firearm – five years to life imprisonment

An experienced sexual exploitation charges defence lawyer can help you navigate the potential punishments and seek a lesser charge or a dismissed case.

SEX OFFENDERS REGISTRY

One of the punishments for sexual offences is registration on the Sex Offenders Registry. Other sex crimes that can require registration in the sexual offenders registry include child pornography. If the court finds you guilty of your charges, you will likely have to register as a sex offender in the province where you reside.

You will remain on the sex offender registry for a lengthy period of time, which can affect many areas of your life, including your ability to find employment or obtain tenancy.

IMPACT OF REGISTRATION AND LONG-TERM CONSEQUENCES

The sex offenders registry is a public record. Therefore, anyone, including potential employers, can access this information. You have to disclose that you are a registered sex offender if you are involved in certain industries.

Being on the sexual offender registry can have a far-reaching impact on your personal and financial aspects, and the stigma associated with sexual abuse alone can be overwhelming. The repercussions can persist for years after conviction.

CATEGORIES OF SEXUAL ASSAULT CHARGES UNDER CANADIAN LAW

Although there are several kinds of sexual assault charges that can be laid against a defendant, the Crown attorney must be able to prove the same basic elements for each type of assault. Those elements are intentionally applied force, lack of consent, and touching of a sexual nature. The categories of sexual violence charges in Canada are:

Common sexual assault

This type of sexual offence occurs when someone commits an assault of a sexual nature. Only the three basic elements must be proven.

Sexual violence with a weapon, causing bodily harm, or threats to a third party

In addition to the three elements required to prove charges, there must also have been bodily harm, threats to another party, or use of a weapon for this type of charge to be made. Sexual assault that causes physical injury can lead to severe penalties.

Aggravated sexual assault

An assault of a sexual nature that leads to the victim’s severe injuries. In addition to the three elements of sexual assault, there must be proof that the victim was disfigured, maimed, or wounded, or their life was at risk during the assault.

WHAT IS CONSENT

For the purposes of a charge of this nature, consent means that a person voluntarily agrees to participate in a sexual act with another person.

Consent must be present during sexual contact. It must also be ongoing throughout the activity. Someone can withdraw their initial consent at any time, and the other person must stop the sex act.

Even if someone consented to a specific sexual activity in the past, this does not mean they consent to any kind of sexual touching in the future. Consent must occur for every type of activity every time it happens.

Canadian law determines that no consent is given if:

• The victim is not able (or does not have the capacity) to consent.
• The agreement for sexual activity was made by someone other than the victim.
• The victim expressed through actions or words that s/he did not agree to participate in the sexual act.
• The victim is unconscious or severely intoxicated.
• The victim consents at first but then expresses a lack of agreement to continue the sexual activity later.
• The defendant abuses their position of authority, trust, or power and induces the victim into sexual conduct.

LEGAL DEFINITION OF CONSENT

The issue of consent is usually contentious because the victim and the defendant’s perception of the sexual encounter might be very different. The judge will gauge consent from the victim’s point of view by considering what happened when the touching occurred. The judge will also consider the defendant’s account of the sexual act.

AGE OF CONSENT IN CANADA

The age of consent is the age at which someone can legally agree to engage in sexual activity with someone. Age of consent laws apply to all sexual conduct, including kissing, fondling, oral sex, or sexual intercourse.

In Canada, the   for sexual activity is 16. The age of consent can sometimes be higher under specific circumstances, such as in relationships of dependency, trust, or authority.

A 16- or 17-year-old cannot give consent if:

• They are dependent on their sexual partner
• Their sexual partner is in a position of authority or trust over them
• The relationship is exploitative

The close-in-age exception permits consent by minors if the sexual activity is between two people within a specific age range. The exception includes these age gaps:

• Five years – A 14 or 15-year-old can consent to sexual acts if their partner is not more than five years older and no relationship of dependency, trust, or authority or other exploitation against the younger partner exists.
• Two years – A 12 or 13-year-old can give consent to sexual activity if their partner is fewer than two years older and there is no relationship of trust, dependency, or authority or exploitation against the 12 or 13-year-old

When consent is not legally possible:

If a victim is less than 16 years of age and the “close in age” exceptions do not apply, the defendant cannot claim that the victim consented. For example, a 15-year-old could have agreed to have sex with a 21-year-old. The 15-year-old victim’s consent is invalid, and the 21-year-old can face charges of sexual assault.

The defendant can only fight the charges by proving that they reasonably believed that the defendant was over 16 years old. The defendant must also have taken all the necessary measures to determine the victim’s age before engaging in the sexual act.

IF YOU GENUINELY BELIEVED THAT THE VICTIM HAD CONSENTED TO SEX

The court can reduce or dismiss your charges even if you engage in a sexual activity that the victim did not consent to. The judge must find that you had an honest but mistaken belief that the victim had consented. For this defence to apply, you must present evidence showing that the defendant believed that the victim had agreed to engage in sexual activity and that that belief was reasonable in all of the circumstances.

The criminal code also requires you to show that you took some reasonable steps to establish the complainant’s consent. Courts have established that the defendant doesn’t have to undertake all the possible reasonable steps. The defendant needs to show that he/she made reasonable efforts to determine the victim’s consent.

DEFENCES AGAINST SEX ASSAULT CHARGES IN TORONTO

When you hire a Toronto sexual assault lawyer, they will review your case thoroughly to determine which defences they can use against your charge. The defence strategy in your case will depend on the evidence and what your legal team believes could achieve the best possible result.

The most common defences include:

• The crime did not occur – A basic defence is that the alleged assault never happened. Eyewitness testimony, DNA evidence, and other hard facts could support this defence strategy.
• Error of identity – Sometimes, a witness may wrongly identify a defendant, or the victim may make false accusations as punishment or revenge. Either way, an alibi can place you elsewhere during the unwanted sexual contact. Fingerprints, DNA, and other evidence might identify the actual perpetrator and prove your innocence beyond a reasonable doubt.
• Consent existed – Although the victim might have accused you of a sexual crime, you could argue they consented to the sexual act. If you received consent before the sexual conduct began and the victim did not withdraw consent at any point, you did not commit a crime. However, proving the other person consented can be complicated. One way to bolster your argument is by challenging the victim’s credibility.
• Mistaken belief of consent – You might have mistaken the victim’s words or actions as consent. Sometimes a mistake happens. The circumstances related to their behaviour – their communicated words and actions – could have led you to reasonably believe they consented to the sexual activity that ultimately took place.

LIMITS TO CHALLENGING THE DEFENDANT’S CREDIBILITY IN A SEXUAL ASSAULT CASE

There are special rules in trials for these charges on the extent to which the defendant or their sexual assault defence lawyer can challenge the victim’s testimony. In the past, the person facing charges could question the victim about their past sexual history to challenge the victim’s credibility. This is no longer allowed in Canadian courts.

If the person accused wants to pose questions about the complainant’s prior sexual history, the defendant must submit a special application to the trial judge. The judge can allow the accused person to ask questions about the victim’s past sexual behaviour. However, the judge will only do this if the information is relevant to the current case. However, even if the judge approves the application, the questioning should not be conducted to:

• Suggest that the victim would likely have consented to the sexual activity, given their past sexual activities.
• The victim is not worthy of belief by reason alone because of their past sexual activities with the accused person or others.

If the question revolves around these two factors, it is not relevant during the trial, and the judge will not allow it.

OUR SEXUAL EXPLOITATION CHARGES DEFENCE LAWYERS CAN HELP

Posner Craig Stein LLP can assist you from the early stages of your case. Our sexual exploitation charges defence lawyers can anticipate potential obstacles and find ways to overcome them, create viable defences, and prepare for the upcoming trial.

We handle all our cases in a collaborative manner, so you get the benefit of our combined skills and experience. We stay up-to-date on changes in the criminal code and on the court decisions that interpret that criminal code, so we can make the best case for you.

We support clients from the earliest stage of a sexual assault investigation by:

• Analyzing police reports, forensic evidence, and all available disclosure
• Assessing consent, capacity, and credibility issues central to the allegations
• Advising on rights, obligations, and what to expect throughout the process
• Building a defence strategy grounded in the specific facts of the case

Don’t leave the fate of your future in the hands of an inexperienced defence team. Here at Posner Craig Stein LLP, we are willing to go the extra mile to deliver exceptional customer service and treat you with respect and compassion throughout your case. Contact us today for a confidential consultation.

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