Sexual Assault is a serious offence and a conviction will have a devastating impact on your future. The stigma of having a criminal record for any type of sex crime can affect your ability to get a job or housing for years, decades, and even a lifetime. It can also have severe social implications, leading to an increased risk of depression, mental health issues, and suicide.
But some people who are charged with sexual assault are innocent, and other times, charges are over-inflated due to a particular bias against sex crimes in certain jurisdictions. Regardless of your situation, it is critical to hire experienced legal counsel immediately if you have been charged with sexual assault in Ontario. A skilled sexual assault lawyer may be able to have your charges reduced, or dropped entirely.

What is Sexual Assault?

Sexual assault occurs when someone uses force or the threat of force to commit an unwanted sexual act against another person. There is a wide range of severity with regard to sexual assault—from touching someone’s buttocks without their consent to forced penetration at gun point. But all sexual assault charges are serious and should be treated as such.

What Happens in a Sexual Assault Trial?

In order to convict you of sexual assault, the Crown Attorney must show, beyond a reasonable doubt, that you committed the act in question. The court will consider the following criteria when determining if there is enough evidence to move forward with the charges against you.

Did you use force or threaten the use of force during the incident?
Were you or the victim under the influence of drugs or alcohol at the time of the incident?
Are you in a position of authority which could have been used to persuade the alleged victim?

To be found guilty of sexual assault, the prosecution must be able to show the following:

  • Sexual assault actually occurred;
  • The person charged with sexual assault is the one who committed the act;
  • The victim did not give consent or was legally incapable of giving consent.

An experienced Ontario defence lawyer will know how to look for weaknesses in the prosecution’s case, gather evidence to create a reasonable doubt about the charges against you, and position you for the most favourable outcome possible.

What are the Penalties for Being Charged with Sexual Assault?

As with all crimes, the penalties for sexual assault depend largely on the type and severity of the assault committed. For minor sexual assault offences, penalties may range from discharge to up to 18 months in jail, whereas an indictable case of simple sexual assault can carry a penalty of up to 10 years in jail.

If the crime involved a weapon, serious injuries, or a minor victim, penalties are significantly more serious, including up to 14 years in prison and inclusion on the National Sex Offender Registry for up to 20 years. In some cases, an offender may need to remain on the Registry for a lifetime.

How to Get Sexual Assault Charges Dismissed in Ontario

When the charges against you are for a fairly low-level sexual assault, you may be able to have your charges dropped by signing a peace bond or applying for a discharge. However, this will depend largely on the particulars of your case. In addition to the charges themselves being relatively minor, you should have no prior criminal record or only an older record with minor charges. The Crown will be much less likely to grant a discharge or peace bond if you have recent, multiple, or serious offences on your criminal record.

Peace Bond

If a peace bond is offered, the charges against you will be withdrawn when it is signed. If you are given an absolute or conditional discharge, you will still be found guilty, but will avoid jail time, a permanent criminal record, and the need to be listed on the National Sex Offender Registry. While a peace bond is the preferred option, you may be deemed unsuitable due to past criminal history or the severity of your offence.

Absolute or Conditional Discharge

With a conditional discharge, you will remain on probation with certain conditions for a period of time, and the discharge will come off your record after three years. With an absolute discharge, you will be released with no probation or conditions, and the discharge will only remain on your record for one year. In both cases, it is important to follow up following the allotted one or three years to confirm that the discharge was expunged; purging this from your record is not always automatic.

If the nature of your offence was particularly serious, such as aggravated sexual assault with a weapon, rape, or sexual assault against a minor, you are unlikely to be eligible for a peace bond or discharge. With more serious charges, you will almost certainly face jail time, hefty fines, and a permanent criminal record, but there may still be alternative sentencing options to lessen the time you have to spend behind bars. Two of these options are intermittent sentences and suspended sentences.

Intermittent and Suspended Sentences

An intermittent sentence allows you to serve your sentence over the weekends so that you can spend the rest of the week outside of jail. This allows offenders to continue to work and earn an income while they complete their sentence. A suspended sentence, on the other hand, is similar to probation in that you are released from jail with certain conditions. But the conditions of a suspended sentence are typically quite strict, and the slightest violation of its terms will land you in jail.

Potential Defences Against Sexual Assault

The defences available to you in a sexual assault case will depend largely on the charges against you, but two of the most common defences are that the alleged victim consented to the act, or that you mistakenly believed the alleged victim had given consent. In either case, it is up to you — and your lawyer — to provide ample evidence to create a reasonable doubt about the charges against you.

Contact Vilkhov Law Today

If you have been charged with sexual assault, it is essential to seek legal counsel immediately. The highly-experienced and skilled legal team at Vilkhov Law will protect your rights and position you for the most favourable outcome possible. Having a conviction for any type of sex crime on your criminal record can literally ruin your life, negatively impacting your ability to get a job or housing for a lifetime. Now is not the time to cut corners or work with just any lawyer. Our criminal defence team has successfully defended countless clients against sexual assault and child pornography charges, and we understand the sensitive nature of these cases. We are not here to judge. We will work tirelessly to protect your rights, reputation, and freedom. Contact Vilkhov Law today for a free and confidential consultation about your case.

At Vilkhov Law, our team is here for you to help you access the legal services you need in the following areas:

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By |2023-11-08T20:07:08+00:00January 27th, 2021|Sexual Assault|

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Excellent5.0 Based on 110 reviews fromNorbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N AlyN Aly ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfulDevere SDevere S ★★★★★ Mr.Vilkhov is a professional and very good lawyer, goes through everyrhing to make sure it gets dealt with properly, He replies fast if you have questions or anything as well, along with his staff Jessica she was a big help as well.Jessica Gavrikov-ZinchenkoJessica Gavrikov-Zinchenko ★★★★★ Igor Vilkhov is a one-of-a-kind lawyer, his skills truly exceed expectations. He is incredibly diligent and has a passion for ensuring that his clients receive the best possible representation. Additionally, he has a wonderful team behind him, ensuring that his business operations and client relations are running smoothly.Saira JawaidSaira Jawaid ★★★★★ Igor is a good friend and colleague of mine that has helped me tremendously in my legal profession. I can always rely on him for any legal related questions. I’ve personally worked with him and I can say with confidence he is a hard working, dedicated, result focused lawyer. Keep up the hard work!Daniel SlobodkinDaniel Slobodkin ★★★★★ I have known Mr. Vilkhov in a professional and personal capacity for several years. Mr. Vilkhov is a well-respected and devoted criminal lawyer who prioritizes the success and livelihood of his clients. Mr. Vilkhov goes out of his way and makes time, at all times of day, to tend to the needs of his clients. Mr. Vilkhov is a diligent lawyer I would recommend to anyone dealing with a criminal matter. Well-spoken, confident, methodical and professional are qualities that only begin to scratch the surface of Mr. Vilkhov's criminal law practice and his character at whole.mike cookmike cook ★★★★★ I can’t say enough good things about my experience with Mr. vilkhov he truly takes pride in his work and did his absolute best to work on my case and get me the best deal I would recommend him to everyone. Hiring Mr .vilkhow will be the best decision for anyone to make he’s truly amazing at what he does .Amina HuseynovaAmina Huseynova ★★★★★ I've known Igor professionally for a long time, one of the most dedicated criminal lawyers I have met. He gets amazing results for his clients and I would recommend anyone who is looking to hire him.maddy mmaddy m ★★★★★ I am international student in Canada, six months ago I was falsely accused of SA and I was charged. I had never dealt with all this in my life and I started looking for a lawyer. I spoke too more than 50 lawyers all over ontario and every lawyer I spoke to tried to scare me and told me that I am a dead meat here and this thing is definitely going to trial and were only interested in talking about their fees. Mr Vilkhov patiently heard my case and told me that there is a high possibility of getting the case withdrawn . He was straightforward and honest. He convinced me after one call that he is the right lawyer for me to retain. He charged a very reasonable fee which he let me pay in installments. He kept me well informed about my case in every stage. Mr. Vilkhov and Daniel from his team were my constant support. Every message and every phone call was answered.Mr Vilkhov got the charges withdrawn!!! My case was in a jurisdictions were cases like these never get withdrawn. But Mr. Vilkhov gave his best and got the charges withdrawn without any conditions. I cannot thank Vilkhov law professional for giving my life back! Mr. Vilkhov is very knowledgeable and he is the lawyer you need by your side when you need it the most! He wins when you need it the most! Thank you Vilkhov law corporation!Jay ModiJay Modi ★★★★★ Igor and his team exceeded my expectations, efficiently getting all charges dropped in my case. His timely responses, coupled with Daniel's eloquence, made for an exceptional first-time experience with a lawyer. They provided a unique blend of empathy and straightforwardness that instilled confidence throughout the legal process. Highly recommendable for anyone in need of a criminal justice lawyer.Naqib PopalNaqib Popal ★★★★★ I just left Brampton courthouse. I was acquitted of 11 charges after a long trial. Igor Vilkhov absolutely killed it during the entire trial. If it wasn’t for him, I would be going to jail. Thank you so much for your work, you ensured the truth came out. Thank you, you got me my life back.Chad AllanChad Allan ★★★★★ Igor got me an amazing deal, he was always communicating with me and updating me about my case, he got me the deal of a lifetime and I can’t him enough. If you are reading this and you are thinking about who to hire, just call him, he is the right lawyer for you.Jamie LewisJamie Lewis ★★★★★ If you need a lawyer who is actually going to work for you, and get results go with Igor at Vilkhov Law. He was very patient and understanding and knows his stuff. I was facing a huge fine which would have devastated me financially for years to come, but with his passionate submission to crown on my behalf he was able to get the fine reduced by 90%. His colleagues he works with are amazing too. Thank you so much for all of your help through this matter Igor! You truely have saved my future. I appreciate it beyond measure! All the best in the future!Akash TyagiAkash Tyagi ★★★★★ Hi all, When i just came to Canada, i got charged with SA, which was a nightmare for me where my so called friends left my side. Then by luck i got to know Mr. Igor and that day changed everything.Being new in a country could cost me a lot but with Igor’s genuine efforts to help me, saved my life.A big thanks to him and god bless him.Must recommended lawyer.Thanks a ton Igor.❤️ted ferreirated ferreira ★★★★★ I met Igor approximately two years ago when we met with him regarding SA charges against our son. Over that time Igor was always there to answer questions that we had, he was reassuring explaining that we had a strong case.From the beginning we were impressed with Igor's demeanor, he was always calm and to the point, he did his best to keep us on track with the facts.Thanks to Igor's thorough preparation he was able to get the SA charges stayed. I cannot tell you how incredible that feeling was.We owe so much to him.We highly recommend Igor to anyone needing Legal help, he will work tirelessly on your behalf.OKOLI MARKOKOLI MARK ★★★★★ Thank you Igor Vilkhov for helping me go through my legal case from the very beginning to the end. Igor's professional advice and approach to difficult legal matter is excellent and recommended, Case has been withdrawn from court!! 1 million thanks for the support throughout this process 🙏.Laura BeniaLaura Benia ★★★★★ Professional, honest and caring.js_loader


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