05 / 13 · Criminal Code, ss. 151 – 153, 271 – 273
Sexual Assault
Sexual assault allegations are among the most serious a person can face, and they are usually decided on credibility. We give these cases careful, discreet preparation, from the first call from police to the end of trial.
- Sexual assault
- Sexual assault causing bodily harm
- Sexual interference
- Invitation to sexual touching
- Historical allegations
What is at stake
Why this charge needs a real defence.
Sexual assault carries up to 10 years in prison, and aggravated sexual assault up to life. A conviction can bring registration as a sex offender, a DNA order, a weapons prohibition, and, where the complainant was under 16, orders restricting contact with young people. The damage to employment, immigration status, and family life can be lasting, and strict bail conditions often begin the day of the arrest.
How it is done
How we build your defence.
- 1
Say nothing, and call first
Police often invite a suspect in to give their side of the story. Do not. We can speak to the investigator for you and, if a charge is coming, arrange a planned surrender so you are released as quickly as possible.
- 2
Bail you can live with
Release orders in these cases often bar contact with the complainant and can keep you away from your own home or children. We push for conditions that protect the process without costing you your job, home, or family.
- 3
Master the disclosure
We review every statement, including the complainant's recorded interview, alongside messages, social media, timelines, and witnesses. Evidence of the complainant's other sexual activity, or private records about them, can only be used after an application to the judge, so these are identified and prepared early.
- 4
Resolve or try the case
Where the evidence is weak, we press the Crown to withdraw. Where it goes to trial, cross-examination has to be thorough, fair, and within the rules, and it is prepared with that care.
What we look for
The issues that decide these cases.
- 01
Consent
Consent means voluntary agreement to the specific sexual activity, at the time it took place. The Crown must prove the absence of consent beyond a reasonable doubt.
- 02
Mistaken belief in consent
An honest belief that the other person communicated consent can be a defence, but only if reasonable steps were taken to find out. It is not available where the belief came from intoxication, recklessness, or wilful blindness.
- 03
Credibility and reliability
The judge does not simply choose the more believable account. If the evidence as a whole leaves a reasonable doubt, the verdict must be not guilty.
- 04
Messages and records
Texts and social media before and after the events often matter. Private records about the complainant can only be used through a court application, so they must be handled correctly from the start.
Possible outcomes
What a good result can look like.
- Charges withdrawn or stayed
- A peace bond instead of a criminal record
- Acquittal at trial
- Resolution to a less serious, non-sexual offence
Every case turns on its own facts. These are examples of results that may be available, not a prediction or guarantee of the outcome in your matter.
Questions
What people ask us first.
Not automatically. The decision belongs to the Crown. A complainant's wishes are taken into account, but a charge does not end just because the complainant asks.
Only after a conviction for a designated sexual offence. Since 2023, registration is automatic in some cases, such as repeat offences, and in others the judge decides whether it is needed.
Yes. There is no time limit for prosecuting serious sexual offences in Canada. Historical cases raise their own issues, including lost evidence and how memory changes over time, and they need careful preparation.
Next step
Talk to us about your sexual assault matter.
A short conversation now can prevent mistakes that are hard to undo later. What you tell us is confidential.
