Sexual Assault

Rape – Touching – Kissing – Fondling: Can all amount to Sexual Assault.

What to do if you have been charged with Sexual Assault?

First and foremost, don’t talk to police!  You have a right to remain silent – use it.  You have a right to speak with a lawyer of your choosing, make sure you do so!

Sexual assault can vary from unwanted (no consent) touching that is sexual in nature, to full penetration.  A person cannot consent to any sexual activity if they do not have the capacity to consent (say yes).  Lack of consent can be related to a person’s state of mind, such as being drunk, passed out, overly medicated, stoned, dementia, Alzheimer’s, or have the capacity of a child.  In order for a person to consent, they have to know and understand.  Yes, may not be enough.

One cannot consent if they are unconscious, even if they have agreed to have sex prior to becoming unconscious.

Also, just because a person consented to sexual activity in the past, does not mean they are agreeing now.  There must be consent at the time of the act.

The age of consent is 16 – however, other factors will be considered with regards to the ability to consent.  In certain circumstances, the age of consent will be 18.

Mistaken belief in consent is not a defence.  Even if you were intoxicated, and thought the other party was consenting, you cannot rely on your own intoxication as a defence to the charge of sexual assault.

If you are found guilty of sexual assault, the ramifications can be long lasting.  You will be required to be placed on the national (SOIRA – Sexual Offender Information Registration Act) and provincial (OSOR – Ontario Sexual Offender Registry – often referred to as Christopher’s Law) sexual offender registers. Under the federal statute SOIRA, you will be required to remain on the registry for 10-years, 20-years or life, depending on the sentence on a finding of guilt.  In the case of the OSOR, you will be required to be on the Registry for a period of 10-years, or possibly for life.

For more information regarding the Registries see: 

https://www.publicsafety.gc.ca/cnt/cntrng-crm/crrctns/protctn-gnst-hgh-rsk-ffndrs/ntnl-sx-ffndr-rgstr-en.aspx

http://www.rcmp-grc.gc.ca/to-ot/cpcmec-ccpede/bs-sc/nsor-rnds/index-eng.html

https://www.mcscs.jus.gov.on.ca/english/police_serv/sor/sor.html

Criminal Defence Lawyers

I am here to help you through the process of being charged with sexual assault.  My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter – and give you the best defence at trial, or plea resolution possible.  Sexual Assault trials can be complicated, make sure you have a lawyer that understands the law and is prepared to act for you.

You may qualify for Legal Aid:  See Legal Aid Ontario Information.