How To Get Sexual Assault Charges Dropped in Ontario

Table of Contents:

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:

Criminal Lawyers in Toronto
Criminal Lawyers in Etobicoke
Criminal Lawyers in Scarborough
Criminal Lawyers in Newmarket
Criminal Lawyers in Brampton
Criminal Lawyers in Mississauga

By |2024-04-04T13:41:35+00:00March 29th, 2024|Sexual Assault|

5/5 - (17 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 125 reviews fromJessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.Anoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended. Just retain them. They'll do the rest.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Brandon ABrandon A ★★★★★ Igor was fantastic to work with. He was always very quick to respond and answered any questions I had at any time during the process. I'm so impressed for his amazing and efficient work - he was able to have any charges against me dropped. I highly recommend Igor to anybody that's currently facing legal trouble. He truly exceeded my expectations and I'm so grateful for everything. Thank you Igor!Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.Stephanie SchembriStephanie Schembri ★★★★★ Mr.Vilkhov thank you for keeping our family together we are forever gratefulAndreyAndrey ★★★★★ Highly recommend. Fast and reasonableRajveer SinghRajveer Singh ★★★★★ WaheguruKathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert 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 -N - ★★★★★ 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 :)js_loader


“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top