Sexual Assault Lawyer Toronto

Sexual assault is defined in section 271 of the Criminal Code of Canada. It is an assault committed in circumstances of a sexual nature that violates the sexual integrity of the complainant. The offence does not require penetration, physical injury, or violence. Any intentional sexual touching without consent, including kissing, fondling, or groping, can be charged as sexual assault. The test for whether contact is sexual is objective: whether a reasonable observer would consider it sexual in nature, given all the circumstances.

Consent is defined in section 273.1 of the Criminal Code as the voluntary agreement of the complainant to engage in the specific sexual activity in question. Silence, passivity, or the absence of physical resistance is not consent. Consent cannot be given by a third party. Consent obtained through the abuse of a position of trust, power, or authority is not valid consent. Consent can be withdrawn at any time, including after sexual activity has begun. A person cannot consent in advance to sexual activity that will occur while they are unconscious.

The age of consent for sexual activity in Canada is 16 years. A person under 16 cannot legally consent to sexual activity with an adult, except in narrow close-in-age exceptions under section 150.1 of the Criminal Code. A person under 18 cannot consent to sexual activity with anyone in a position of trust or authority over them, including a teacher, coach, employer, or family member.

Yes. Intoxication of the complainant can negate the legal capacity to consent, even where the accused was also intoxicated. The accused's own self-induced intoxication is not a defence to sexual assault; it cannot ground the honest but mistaken belief in consent defence, and recklessness arising from intoxication does not reduce criminal responsibility. These cases are highly fact-specific and depend on the degree of intoxication of each party, the nature of the conduct, and the available evidence about the encounter.

If the police arrest you, you have the right to remain silent and the right to retain and instruct counsel without delay. Exercise both rights — and contact a sexual assault defence lawyer immediately. The police may release you on conditions or hold you for a bail hearing within 24 hours. At the bail hearing, the Crown will likely seek a no-contact order with the complainant, restrictions on communications, and potentially a surety requirement. An experienced bail counsel can secure release on conditions that allow you to maintain your employment, housing, and family relationships while the case proceeds.

This defence under section 273.2 of the Criminal Code applies where the accused genuinely believed the complainant was consenting, even if the complainant was not in fact consenting. The defence is strictly limited. It is not available where the belief arose from the accused's self-induced intoxication, recklessness, or wilful blindness. It also requires evidence that the accused took reasonable steps in the circumstances to confirm that the complainant was consenting. The defence typically requires the accused to testify and turns on the specific facts of the encounter.

SOIRA is the Sex Offender Information Registration Act, which governs the National Sex Offender Registry. Following Bill S-12 (October 2023), registration is no longer automatic in every case. It is mandatory in two categories: serious sexual offences against a person under 18, prosecuted by indictment, with a sentence of two years or more; and for repeat sexual offenders. In all other cases, there is a presumption of registration, but the court has discretion not to make the order where it would have a grossly disproportionate impact or no connection to SOIRA's purpose. Where ordered, registration requires in-person reporting within 7 days, followed by annual reporting, plus notice of address changes and international travel. Failure to comply is a criminal offence.

The most common defences are: challenging the credibility and reliability of the complainant's account through cross-examination on prior inconsistent statements; the defence of honest but mistaken belief in communicated consent under section 273.2; factual consent, where the activity was in fact consensual; mistaken identity, supported by alibi, DNA, or surveillance evidence; Charter applications where the police violated the accused's rights; and applications for a stay based on unreasonable delay under R. v. Jordan. The right defence depends entirely on the facts of your case.

Sexual assault under section 271 applies to non-consensual sexual touching of any person. Sexual interference under section 151 applies specifically where the complainant is under 16, and the touching is for a sexual purpose. The two offences overlap significantly. Where both arise from the same act, the Kienapple principle prevents conviction on both.

Yes, in appropriate circumstances. The Crown may withdraw a sexual assault charge where: the evidence does not support a reasonable prospect of conviction; the complainant is unavailable or unwilling to testify; Charter violations compromise the admissibility of critical evidence; pre-trial motions reveal credibility issues that the Crown cannot overcome; or the Jordan delay ceiling has been exceeded. Every file is different. An experienced sexual assault defence lawyer will identify the path most likely to lead to withdrawal or acquittal in your specific case.

Severely. Sexual assault under section 271 carries a maximum sentence of 10 years on indictment, placing it within the "serious criminality" category under section 36(1) of the Immigration and Refugee Protection Act. A conviction can result in inadmissibility, loss of permanent residence, and a removal order. For citizenship applicants, a sexual assault conviction will disqualify the application. The immigration consequences of a sexual assault charge are among the most serious in Canadian criminal law and must be assessed before any resolution is agreed.

Sexual assault cases in the Ontario Court of Justice typically take 12 to 18 months from charge to verdict. In the Superior Court of Justice, 18 to 30 months or longer is common, particularly where the case involves extensive disclosure, expert evidence, or multiple accused. The Jordan framework sets presumptive ceilings of 18 months in provincial court and 30 months in superior court, beyond which a stay of proceedings for unreasonable delay may be available. Your lawyer should be tracking the Jordan clock from the date of your first court appearance.

Unaggravated sexual assault under section 271 of the Criminal Code is a hybrid offence which can be prosecuted summarily or by indictment. The Crown has full discretion to choose either summary or indictment proceedings, considering the public interest. Meanwhile, an aggravated sexual assault charge is always an indictable offence.

In cases involving sexual assault, the decision of the complainant whether to proceed or drop the accusations generally does not affect the charges. The Crown has the exclusive discretion about whether to proceed with the charges depending on whether there is a reasonable prospect of conviction and whether prosecution serves the public interest. Importantly, the complainant can be subpoenaed to testify in court, and a failure to do so can lead to consequences under Canadian criminal law.

Generally, the criminal charges for sexual assault appear on a background check only after conviction. At the same time, a pending charge can still appear on a Police Information Check or Vulnerable Sector Check in Ontario even prior to a conviction, depending on individual circumstances and police disclosure practices.

The sentence of "two years less a day" is a maximum imprisonment term for an offence punishable on summary conviction in Canada. Generally, this type of sentence is served in a provincial jail, while a sentence of two years or more is served in a federal penitentiary.

Yes, generally sexual assault charges do not have a limitation period, which means that you may face charges at any point in your lifetime after the alleged incident. The police and law enforcement encourage anyone who believes they are a victim of sexual assault to report it even if many years have passed after the occurrence.