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Sexual assault allegations are some of the most damaging charges that one can face in Canada. This type of assault entails acts of sexual touching or sexual overtone, including unwanted grabbing and rape. If convicted, a sexual assault charge can place you in the justice system and severely damage your reputation.
These charges are complex and require the expertise of a sexual assault lawyer in Toronto who is experienced in handling such and related cases. The good news is that there are excellent sexual assault lawyers in Toronto who can mount a successful defence against these charges, protect your rights, and ensure that justice is done. The criminal sexual assault lawyers at Torontoโs Zamani Law offices serve Toronto, Brampton, and the Greater Toronto Area. We are prepared to defend your case and get you the best outcome, given the evidence.
Defend Yourself with a Sexual Assault Lawyer in Toronto
Sexual assault charges are taken extremely seriously by the criminal justice system; a proper defence requires a sexual assault lawyer with a Toronto base of operations. Zamani Law is a premier criminal defence firm in Toronto with the experience, tools, and resources to defend persons charged with sexual assault.
Unlike other assault-related charges, sexual abuse accusations are tried differently, and they carry monumental consequences. Our sexual assault lawyers in Toronto understand that when facing sexual assault charges, your freedom and character are at stake. This is why, in conjunction with other legal professionals, they dedicate their expertise to defending you and attain the best possible results.
If you, or someone you know, has been charged with sexual assault, contact Zamani Law sexual assault lawyers in Toronto for exceptional representation.
Types of Sexual Offences
The Sexual offences in the Criminal Code of Canada are varied and include some charges you may not be aware of. It is crucial that your sexual assault lawyer in Toronto knows the finer points of the law and can defend you against any sexual offence charge. Zamani Law is the first choice for a sexual assault lawyer in Toronto.
Sexual Exploitation
Sexual exploitation entails the actual or attempted use of a position of power, vulnerability, or trust for sexual purposes. This includes sexual contact with a person between the ages of 16 and 18 years by an adult in a position of power, such as a teacher or employer. If you or your loved one are charged with sexual exploitation and need a sexual assault lawyer in Toronto, reach out to Zamani Law. We will analyze all aspects of the case, including the available evidence and statements, and devise a strong, effective defence strategy to defend you.
Sexual Interference
Sexual interference involves sexually touching a part of the body of a minor under the age of 16, either directly or indirectly, for sexual purposes. Note that the age of consent in Canada was changed from 14 to 16 in 2008; if the assault took place prior to that, the previous age of consent would apply.
There are two โclose in ageโ exceptions to this law: people aged 14 or 15 can consent to sexual activity if their partner is less than 5 years older than them, and people aged 12 or 13 can consent if their partner is less than 2 years older. In both these โclose in ageโ exceptions, the older person must not be in a position of trust or authority over the younger person. In other words, if they are in a position of authority or trust, the โclose in ageโ exception does not apply. These nuances highlight the need for a qualified sexual assault lawyer in Toronto to explain the details of the law and the charges and ensure the charges against you are appropriate.
If convicted, a sexual interference charge can ruin your life. If you are charged, do not hesitate to retain an expert sexual assault lawyer with Toronto experience. They will thoroughly analyze the charges, build a strong defence, and fight to protect your rights, liberties, and character.
Invitation to Sexual Touching
An invitation to sexual touching involves asking, inciting, or compelling a minor under the age of 16 to touch, directly or indirectly, the body of another person for a sexual purpose. Note that you can get charged even if the minor you invite to touch another person does not engage in the act.
Note that the onus is on the Crown prosecutor to prove, beyond a reasonable doubt, that the incident occurred and that it was for a sexual purpose. To show that touching was sexual, they might use evidence such as the part of the body involved and any gestures, words or actions that were allegedly used to induce the minor to touch the other person. These subtleties can be used to convict you if you do not have an excellent sexual assault lawyer with Toronto experience.
These charges are serious and carry mandatory minimum sentences, including mandatory minimum incarceration of one year. If you have been charged with invitation to sexual touching, seek the services of an experienced and dedicated sexual assault lawyer in Toronto to protect your rights and freedoms.
Aggravated Sexual Assault
Aggravated sexual assault includes any sexual assault offences involving wounding, maiming, disfiguring, or endangering another personโs life. These are the most serious sex crimes, and they carry a mandatory minimum jail term of five years and a maximum penalty of life imprisonment. All aggravated sexual assault charges are indictable offences rather than summary judgements. This makes them more complex; hiring a well-versed sexual assault lawyer with a Toronto office location to mitigate the charges and attain a favourable outcome is critical.
Child Pornography
These charges entail making, possessing, accessing, or distributing child pornography. This can include any of the following:
- Visual representations of a person who is depicted as being under 18 years of age and who is engaged in, who is depicted as being engaged, in sexual activity.
- Visual representations of the sexual organs or anal region of a person who is under 18. These images must be for a sexual purpose: medical illustrations or educational material, for example, are excluded.
- Written material that describes sexual activity with a person under 18 or audio recordings that describe, present, or represent this activity. This material must be for a sexual purpose, and the sexual content must be a dominant characteristic of the written material.
- Material (written, audio, or visual) that promotes sexual activity with a person under 18.
As you can see, child pornography under the Criminal Code of Canada includes a wide range of material. You may wind up in possession of this type of material and be unaware that it is considered child pornography. A qualified sexual assault lawyer within the Toronto criminal justice system is your best defence against being falsely accused of or charged with this very serious offence.
Child pornography crimes carry severe penalties upon conviction, including mandatory minimum jail terms. Other consequences of facing such charges include significant negative impacts on your personal and professional life. Zamani Law has successfully defended numerous clients facing child pornography charges. Contact us to talk to a sexual assault lawyer in Toronto today. We will discuss your options and give you a a free assessment of your case.
Voyeurism
Voyeurism is the secret observation or recording of unsuspecting persons involved in intimate activities for a sexual purpose in a place where the observed person expected reasonable privacy. These charges are new in Canada, and they were introduced to curb the use of new technology to spy on people for sexual purposes. Voyeurism charges carry serious, life-altering consequences, including the addition to the sexual offender registry. If you are facing voyeurism charges, you should seek the services of experienced sexual assault lawyers in Toronto.
Trafficking in Persons
Although it is not strictly a sexual offence, trafficking in persons can include trafficking people for the purpose of sexual exploitation. Similar to child pornography, the wording of the laws around trafficking in persons is very broad. This crime includes not only transporting a person but also receiving them, holding them, or harbouring them, as well as controlling their movements. This activity is undertaken for the purpose of exploiting the person.
Trafficking in persons carries a minimum sentence of four years in prison and a maximum of a life sentence. Charges like these can decimate your reputation and affect everything in your life, from what you do for a living to where you live and who you associate with. If you are charged with this crime, it is essential that you contact a sexual assault lawyer in Toronto before you speak to the police.
False Sexual Assault Accusations
In some cases, a person may choose to file a false sexual assault charge. Sexual assault lawyers in Toronto deal with these cases regularly. There may be several reasons someone might do this, but the most common scenarios are:
- The person consented to sex in the moment but later misinterpreted it as a sexual assault.
- A sexual assault did take place, but it was carried out by someone else, and you are mistakenly identified as the assailant.
- There are personal malicious reasons behind the allegation.
If you have been falsely charged with sexual assault, it can be challenging to know how to proceed. The sexual assault lawyers at the Toronto offices of Zamani Law Firm are experienced in dealing not only with verified sexual assault but also with false sexual assault charges. When you contact a lawyer, they will advise you to do the following things:
- Remain silent: Resist the urge to defend yourself or give a statement to the police right away. Talk to your sexual assault lawyer in Toronto first and follow any instructions they give you. Ask for clarification on anything you donโt understand. Occasionally, their advice may go against what you believe to be wise, but they do know the best way to proceed in your situation.
- Record everything: Make a voice recording or write down all details immediately while they are fresh in your mind. Take screenshots of all interactions with the accuser and save any digital records on a secure cloud server. Make a list of anyone that was present during the alleged assault that can testify for your activities and whereabouts. Make these materials available to your sexual assault lawyer in Toronto immediately. Update them as you recall more information or come across additional records that can be used in your defence.
How to Beat a Sexual Assault Charge
Every sexual assault charge is a little bit different, but rest assured that the sexual assault lawyers at Torontoโs Zamani Law Firm are well-equipped to handle your case and to get you the optimal results given the evidence the Crown has collected. . Your sexual assault lawyer in Toronto may employ several different strategies to defend your case. Here are a few things that may happen if you have been charged with sexual assault:
- Review any evidence that the police have collected. You have a right to know any evidence against you so that you can plan your defence. Every sexual assault lawyer with Toronto experience will scrutinize this evidence carefully.
- Collect additional evidence. This can include text messages, social media posts, emails, surveillance footage, and alibi evidence. Your sexual assault lawyer in Toronto may also locate other witnesses whose testimony can support your defence. This could include alibi witnesses, character witnesses, or people who were there when the alleged assault occurred. Sexual assault lawyers in Toronto can also work with private investigators and may recruit expert witnesses who can analyze evidence and appear in court to offer testimony.
- Prepare a defence. A sexual assault lawyer in the Toronto criminal justice system will work with you to build the strongest possible defence if your case goes to trial. This will likely consist of your lawyer establishing your credibility and calling the credibility of the complainant into question using witnesses and evidence.
- Attempt to get the charges dropped. After reviewing all evidence, your lawyer may find inconsistencies or questionable details that may be enough to get the charges dropped. This is the best possible outcome. Sexual assault lawyers in Toronto are highly adept at negotiating with Crown prosecutors.
- Attempt to get the charges reduced. With sexual assault charges, the Crown has the option to prosecute the assault either as an indictable offence or as a summary offence. Summary offences are much less serious, so if the circumstances support it, your lawyer may try to convince the Crown Attorney to consider a summary offence charge as opposed to an indictable offence.
Sexual assault charges are complex and challenging to navigate. When you are accused of this crime, you will understandably be upset and disoriented. It is vital, at that time, that you obtain the counsel of a knowledgeable and experienced sexual assault lawyer with a Toronto office. The criminal defence lawyers at Zamani Law understand the laws and procedures of the criminal justice system in Ontario that are relevant to your sexual assault case and can help defend your charge and protect your reputation.
Contact Experienced Sexual Assault Lawyers in Toronto
At Zamani Law, we are well-versed with sexual-related charges and laws, and we have vast experience successfully representing persons accused of perpetrating such offences. Hiring a sexual assault lawyer in Toronto is key to ensuring that your defence begins right away. Do not hesitate, as your career, community life, and other aspects of your daily existence could be in jeopardy.
If you, or someone you know, are facing any sexual assault charges, contact our Sexual Assault Lawyer here in Toronto for a free, no-obligation consultation. Any conversation held with us is private and completely confidential. Call Now: (647) 955-7085 or contact us through our web form. You can trust us to get the best outcome for you.
FAQs About Sexual Assault Charges in Toronto
What is sexual assault?
Sexual assault is an offence in which a person intentionally touches, attempts or threatens to touch another person sexually without their consent. Just like any other assault, the force applied can be subtle or violent. Sexual assault ranges from sexual touching, hugging, fondling, grabbing, rape, and more.
When is an assault sexual in nature?
To determine whether an alleged assault was sexual in nature, the court or Judge utilizes a common-sense approach to examine the details of the alleged offence. Some of the details considered include:
- The part of the body that the accused allegedly touched
- The part of the body that the accused used to touch
- The accused intent
- The circumstances in which the alleged offence occurred
- Words, threats, or gestures accompanying the conduct
- Nature of the alleged contact
- The presence or lack of sexual gratification
What Is the Criminal Code of Canadaโs definition of sexual assault?
In the Criminal Code of Canada, sexual assault is defined in the larger concept of assault offences. According to section 265 of the Criminal Code, a person commits an assault, including sexual assault when:
- They intentionally apply force on another person, directly or indirectly, without their consent;
- they attempt, or threaten by act or gesture, to apply force on another person;
- they cause the other person to believe on reasonable grounds that they have the ability to effect their purpose;
- they beg or impede another person while openly carrying or wearing a weapon or an imitation of one.
Note that the definition applies to all forms of assaults, including all types of sexual assault offences.
For the purposes of this section, note that there is no consent obtained if the complainant submits by reason of:
- application of force on the complainant or another person;
- threats or fear of the use of force on the complainant or another person;
- fraud; or
- exercise of authority.
What is the age of consent in Canada?
As stipulated in the Criminal Code, 16 is the age of consent in Canada. In other terms, once a person turns 16 years old, they can legally consent to sexual contact with another person.
Also, when a person is 12 or 13 years old, they can legally consent to have sexual contact with a person who is less than 2 years older than them, as long as this person:
- does not hold any power or authority over them, such as a teacher,
- is not someone theyโre in a relationship of dependency with, and
- is not exploiting the 12 or 13-year-old.
Also, a 14 or 15-year-old can legally consent to sexual contact with a person who is less than 5 years older than them, as long as this person:
- is not in a position of trust or authority over the 14 or 15-year-old,
- is not in a relationship of dependency with them,
- is not exploiting the 14 or 15-year-old.
In Canada, minors under the age of 12 cannot legally consent to sexual contact with another person.
When will there be a lack of consent for sexual activity?
In the following situations, there is no consent:
- the complainant is too intoxicated to give consent
- the complainant does not have the mental capacity to give consent
- the complainant takes back consent by words or gestures and shows disinterest to continue on the previously consented sexual activity
- the accused is in a position of authority, power, or trust
- where consent is given by another person other than the complainant
- the complainant is under the age of 16 (subject to close-in-age exception)
What is the Sex Offenders Registry?
Convicted sexual assault offenders are registered in the National Sex Offenders Registry. This is an act implemented to track and monitor individuals convicted of sexual offences in Canada, and to help the police investigate and prevent sexual-related crimes.
For every convicted sexual assault offender, registration in the Sex Offenders Registry is mandatory. The period that one remains in the registry varies from 10 years to life, depending on the type of sexual assault.
Individuals registered in the Sex Offender Registry are required to provide the following information 15 days after their release and once a year thereafter:
- Your current address
- Place of employment
- Any volunteer work youโre involved in
- Any association with schools
- License plate and vehicle registration details
Supplemental reporting is required when there are any sudden changes in your life.
What is the sentence for sexual assault?
Sexual assault offences can be prosecuted by way of indictment, which carries up to 10 years in prison, or as a summary conviction, which carries a maximum of 18 months in prison. One can also face no prison time, fines, or probation.
Note that there are mandatory minimum sentences for sexual assault convictions involving minors, i.e., 1 year for indictable offences and 6 months for summary conviction offences.
The way the prosecution prosecutes the allegation, and the sentence a judge renders, is depended on:
- The type of sexual assault
- The harm inflicted on the victim
- The amount of force used by the accused
- The accused attitude towards the allegations
- All the circumstances surrounding the offence
- Previous criminal records
- Other sentences imposed on similar charges
- The overall picture painted to the society
What is a mistaken belief in consent?
A mistaken belief in consent is a scenario where the accused testifies and articulates that they honestly, but mistakenly, believed that consent was given and communicated through the complainantโs actions, gestures, or words. As per the Criminal Code of Canada, mistaken belief in consent is not a viable defence in certain scenarios:
- Self-induced intoxication
- Willful blindness or recklessness
- Where the accused does not take the necessary or reasonable steps to ascertain that the complainant was consenting
What must the prosecution prove in a sexual assault charge?
Sexual assault charges are based on three elements that the prosecution must prove:
- Intentional touching
- That the contact was sexual in nature
- There was an absence of consent.
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