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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.
Sexual assault charges are complex and require the expertise of a lawyer experienced in handling such and related cases. The criminal lawyers at Zamani Law serving Toronto, Brampton, and the Greater Toronto Area are prepared to defend your case and get you the best outcome, given the evidence.
Toronto Criminal Lawyers Defend Sexual Assault Charges
Zamani Law is a premier criminal defence firm in Toronto with relevant 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 other monumental consequences apart from the usual incarceration penalties. The extra repercussions include inclusion in the Sex Offender Registry, social stigma, DNA orders, employment restrictions, and more. Our lawyers 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 defend 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 for exceptional representation.
Types of Sexual Offences
Sexual Exploitation
Sexual exploitation entails actual or attempted use of a position of power, vulnerability, or trust for sexual purposes. This includes sexual contact with a person between the age of 16 to 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, 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 convicted, a sexual interference charge can ruin your life. If charged, don’t hesitate to retain an expert attorney. 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 in a sexual nature. Note that you can get charged even if the minor you invite to touch another person does not engage in the act. 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 lawyer to protect your rights and freedoms.
Aggravated Sexual Assault
Aggravated sexual assault includes any sexual assault offences involving wounding, maiming, disfiguring, or endangering another person’s 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. This makes them more complex, and, therefore, they require a well-versed lawyer to mitigate the charges and attain a favourable outcome.
Child Pornography
These charges entail the production, possession, or distribution of videos, pictures, and literature that depict persons under 18 years old who are involved in sexual activities. Child pornography crimes are serious, and they 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 for a free assessment of your case.
Voyeurism
This 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.
False Sexual Assault Accusations
In some cases, a person may choose to file a false sexual assault charge. 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 lawyers at 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 lawyer first and follow any instructions they give you. Ask for clarification on anything you don’t 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.
How to Beat a Sexual Assault Charge
Every sexual assault charge is a little bit different, but rest assured that the lawyers at Zamani Law Firm are well-equipped to handle your case and get you the results you want. Your lawyer 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.
- Prepare a defence. Your lawyer 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.
- 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.
Sexual assault charges are complex and challenging to navigate. If you have been accused of sexual assault, it is vital that you obtain the counsel of a knowledgeable and experienced lawyer. The criminal defence lawyers at Zamani Law understand the laws and procedures of the 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.
If you, or someone you know, are facing any sexual assault charges, contact our Sexual Assault Lawyer for a free, no-obligation consultation. Any conversation held with us is private and completely confidential.
FAQs
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 Canada‘s 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 they’re 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 you’re 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 complainant’s 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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