Sexual Assault Lawyer in Toronto
Get Legal Representation From Trusted Sexual Assault Lawyers in Toronto
Jonathan Pyzer and the experienced sexual assault lawyers at Pyzer Criminal Lawyers have over 20 years of experience successfully defending hundreds of sexual assault cases across Toronto. Our criminal lawyer team secures acquittals, charge withdrawals, and favourable outcomes for clients facing these serious allegations, including wrongful accusations.
We provide compassionate and strategic legal support, tirelessly advocating for our clients to ensure they receive fair treatment and due process. With a 4.9-star rating and over 150 client reviews, our extensive experience demonstrates the trust clients place in our ability to achieve the best possible results.
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What is Sexual Assault?
Sexual assault, as defined in section 271 of the Criminal Code of Canada, involves engaging in any non-consensual act of a sexual nature, including sexual touching, contact, or intercourse, without the explicit consent of the other person. Section 273.1(1) states that consent must be informed, voluntary, and continuous. Any sexual act without clear, ongoing consent, from unwanted touching to more violent acts, qualifies as sexual assault.
Sexual activity with individuals below the age of consent, even if they agree, is legally considered sexual assault under section 150.1(1) of the Criminal Code. Canada’s Criminal Code does not define sexual abuse separately, as all non-consensual sexual acts fall under sexual assault in legal terms. This emphasises the importance of understanding age-related consent laws and the broad scope of offences classified as sexual assault.
What is Sexual Interference?
Sexual interference, as outlined in section 151 of the Criminal Code, is a criminal offence in Canada aimed at protecting minors from sexual exploitation and abuse. The law criminalises touching, either directly or indirectly, any part of the body of a person under 16 for a sexual purpose or the accused’s sexual gratification. This offence applies whether the touching is done with a body part or an object, emphasising the law’s strict stance on protecting minors from abuse. Notably, the law specifies that individuals under the age of 16 cannot legally consent to sexual activity with an adult. This provision ensures that any sexual interaction with minors is subject to criminal prosecution, highlighting the protective measures in place to safeguard young individuals from sexual exploitation.
What is an Invitation to Sexual Touching?
Invitation to sexual touching, as defined under section 152 of the Criminal Code, criminalises enticing minors into sexual activities. This offence occurs when an individual invites, counsels, or incites a person under 16 to engage in sexual touching, whether involving the minor, the accused, or another person. The law also applies when someone encourages two minors under 16 to engage in sexual touching for sexual purposes.
Crucially, actual physical contact is not required for an offence under section 152 of the Criminal Code. Simply inviting or encouraging a minor to engage in sexual touching is enough for prosecution. This law emphasises the protection of minors from sexual exploitation and manipulation, ensuring their physical and psychological well-being.
What is Sexual Exploitation?
Sexual exploitation, as outlined in sections 153 and 153.1 of the Criminal Code, occurs when an individual in a position of trust, authority, or a dependency relationship with a young person aged 16 or 17 engages in or incites sexual activity with them. A 16 or 17-year-old cannot legally consent to sexual activity if their partner holds a position of power over them.
Actions constituting sexual exploitation include touching the young person for a sexual purpose or encouraging them to engage in sexual touching. This offence recognises the inherent power imbalance and seeks to protect vulnerable youth from being manipulated or abused by those they should be able to trust.
Elements of a Sexual Assault Charge
Understanding the elements of sexual assault is essential for distinguishing this serious criminal offence from others. Sexual assault charges can be broken down into three critical components:
- Absence of Consent: The cornerstone of a sexual assault charge is the absence of consent. Consent must be informed, voluntary, and specific to each act. It is not present if the individual does not agree, withdraws consent during the act, is unable to consent due to incapacitation, or is below the legal age of consent. Consent cannot be legally given under pressure, manipulation, or when under the influence of substances.
- Unwanted Physical Contact: Sexual assault involves a range of non-consensual sexual acts, from inappropriate touching to severe forms of violation. Any form of sexual contact without clear and voluntary consent falls under this category.
- Intent: To be charged with sexual assault, the perpetrator must either understand or be reckless about the lack of consent. This means the person either knew there was no consent or ignored clear indications of non-consent.
These three components, absence of consent, unwanted physical contact, and perpetrator’s intent are essential for understanding and identifying sexual assault within the legal framework.
Types of Sexual Assault Charges That We Defend
Canadian law recognises several types of sexual assault charges, each defined by the severity of the offence and the presence of aggravating factors.
Common Sexual Assault
Sexual assault, as defined in section 271 of the Criminal Code, involves engaging in a sexual act without the victim’s consent, thereby violating their sexual integrity. This offence can occur in various settings, such as intimate relationships, social events, or public places, and does not require physical injuries to be present.
Sexual Assault With a Weapon, Threats to a Third Party or Causing Bodily Harm
Sexual assault causing bodily harm, as defined in section 272 of the Criminal Code, is a serious offence involving aggravating factors that make it more severe than other forms of sexual assault. This includes cases where the assailant uses or threatens to use a weapon, harms the victim, chokes, suffocates, or strangles them, or acts with an accomplice. Threatening harm to a third party also falls under this category.
The penalties for sexual assault causing bodily harm are severe, especially when a weapon or threats are involved. Classified as indictable offences, these cases are considered serious crimes and must be tried in a superior court.
Aggravated Sexual Assault
Aggravated sexual assault, as defined in section 273 of the Criminal Code, is one of the most severe sexual offences. This crime occurs when a sexual assault results in significant bodily harm to the victim, such as wounding, maiming, disfiguring, or endangering their life. Due to the serious nature of the injuries involved, aggravated sexual assault carries severe legal consequences upon conviction, reflecting the gravity of the offence.
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Defending Against Sexual Assault Charges in Toronto
Defending against sexual assault charges requires a strategic legal approach tailored to each case. Our sexual assault defence lawyers thoroughly analyse allegations and evidence, challenge prosecution claims, and protect your rights through strategic defence approaches.
Consent as a Defence
Consent is a fundamental defence in sexual assault cases, where the accused argues that the sexual activity was consensual and both parties willingly agreed to engage. Legally, consent must be active, informed, and ongoing throughout the interaction. It cannot be given if a person is unconscious, under the influence of drugs, or coerced through threats, violence, or abuse of power.
Our defence strategy focuses on meticulously gathering and presenting evidence of consent, including communication records, witness testimonies, and behaviours indicating mutual agreement. By analysing the nuances of consent and applying them to the specific circumstances of each case, we aim to build a strong and effective defence.
Mistaken Belief in Consent
Mistaken belief in consent as a defence is used when the accused genuinely believed that consent was present, even if it was not. To be successful, the accused must demonstrate that their belief was reasonable under the circumstances. This involves examining the accused’s interpretation of the complainant’s actions and words, ensuring no recklessness or willful blindness to the lack of consent. Our strategy includes carefully analysing the communication and context between the parties to establish the reasonableness of the belief in consent.
Challenging Identity
Challenging the identity of the perpetrator is a common and effective defence in sexual assault cases. The accused may present an alibi or other evidence, such as witness statements, surveillance footage, electronic records, or DNA evidence, to show they were not present at the scene of the alleged assault. Additionally, questioning the accuracy and reliability of witness testimony can cast doubt on the prosecution’s claims. Our team’s experience handling such defences is crucial for disproving allegations and demonstrating our client’s innocence.
Charter Defence
In Canada, the Charter of Rights and Freedoms offers several protections to individuals charged with a crime. A Charter defence argues that these rights were violated during the investigation or prosecution. Common violations include unlawful search and seizure, improper interrogation conduct, and denial of a fair trial. If a Charter violation is proven, it can lead to the exclusion of evidence, reduction of charges, or even dismissal of the case. An experienced defence lawyer is essential in identifying and arguing these violations to protect the accused’s rights.
Each of these defences requires a thorough understanding of the law and meticulous preparation. An experienced defence lawyer can strategically apply these defences to protect the rights of the accused and ensure a fair trial.
Past Successes in Sexual Assault Cases
Conditional Discharge
Client faced serious charges of assault, mischief, and sexual assault. The Crown initially sought a two-year jail sentence and sex offender registration. We successfully negotiated a resolution where the Crown proceeded only on simple assault with a joint recommendation for a conditional discharge.
Charges Withdrawn
Client faced multiple serious charges including three counts of assault, forcible confinement, assault with a weapon, uttering threats to cause death, and sexual assault. We presented arguments to the Crown demonstrating there was no reasonable prospect of conviction on any of the charges.
Not Guilty Verdict
Client, a doctor, was charged with sexual assault. The complainant alleged he took her to a hotel under the guise of a consultation and sexually assaulted her. She claimed this was their only contact. We secured evidence proving the complainant had lied in her statement to police and used this at trial.
Charges Withdrawn
Client was charged with sexual assault. The complainant, a former employee, alleged he woke up to the client penetrating him after a party at the client’s home where alcohol was consumed. The complainant reported rectal bleeding and bruising. Despite the Crown’s initial reluctance, we demonstrated the case was weak and convinced them to withdraw the charge.
Charges Dismissed
Client was charged with sexual assault and assault. He allegedly jumped on his girlfriend at her apartment, punched her in the face, and forced her to engage in sexual relations. We successfully had all charges dismissed at the preliminary inquiry.
Charges Dismissed
Client was charged with two counts each of sexual assault, invitation to sexual touching, and sexual interference involving his two young daughters, ages three and four. His wife reported allegations that he sexually assaulted the children while bathing them. At the preliminary inquiry, we successfully argued there was no reliable evidence on which a properly instructed jury could convict.
Words from the Client’s We’ve Defended
I highly recommend Pyzer Criminal Law. He was professional, knowledgeable, and truly dedicated to my case. He worked very hard and helped make what felt impossible turn into a great result. I’m extremely grateful for his support and guidance throughout the process
Amazing lawyer, easygoing, understanding and helped me a ton, THANKS A LOT
Pyzer Criminal Defence Lawyers helped me get a case.The prior firm took a retainer, never communicated, never followed up and only communicated when I said I was taking my business to Jasimine and the team here. The prior firm took the retainer, didn't discuss the case and only begged and pleaded to keep the case and get it dealt with as he had family items going on. Seems like every review had that post further inspections and not a friend refferal. Jasmine, the paralegals and all the team very professional, following up every few weeks to check in, sometimes, just letting me know there's not any update. Fees in comparrision to other firms estimations were good The ONLY complaint I have about Jasmine and Jon is that there are not a lot more at the firm. Thanks J and J for getting this done.
I had never been in any legal trouble in my life but found myself in a situation one day where I was charged with two seperate things, both very different, Jonathan Pyzer worked with me for two years to ensure a favorable outcome for both cases. He even discounted the fees when one case dragged on for an extended period of time due to administrive issues with the courts. Mr. Pyzer is a consummate professional and I would reccomend his services to anyone in need of them.
We reached out to Johnathon over the phone regarding a legal matter. We subsequently retained him thereafter, met with him in person. He was very thorough and professional. Always returned calls or messages in a timely fashion and most importantly we were contacted by himself to let us know that the charges before us were completely withdrawn. Thankyou soo much
I was in a predicament where persons of authority were taking my truth and twisting it to paint me as a villain although I was the victim. Jasmine truly was my strength at an extremely vulnerable time in my life. She told me what would happen and was fully confident in getting the best resolution which was all charges being dismissed. Having being represented by Jasmine totally empowered me by transforming me from victim to victor. Forever thankful!!!
I cannot thank Jasmine Mann enough for giving me my life back. I was facing very serious criminal charges that could have destroyed everything I’ve worked for. From the very first meeting, Jasmine was calm, confident, and completely honest with me about what to expect. She listened to my side without judgment, explained every step clearly, and fought relentlessly on my behalf. Thanks to her skill, preparation, and determination in court, ALL of my charges were withdrawn. Walking out of that courthouse a free man felt like being “reborn,” just like she promised was possible on the hardest days. If you’re looking for a criminal lawyer who actually cares, knows the law inside out, and will fight for you like you’re family, Jasmine Mann is the one. She’s not just an excellent lawyer; she’s the reason I get a second chance at life. I will never be able to repay her, but I will recommend her to anyone who needs the absolute best defense. Thank you, Jasmine, from the bottom of my heart.
Second time dealing with Jonathan Pyzer and second time with a favourable outcome. Both Jonathan and Jasmine are great at communicating and explaining exactly what is and can happen. Highly recommend Pyzer Criminal lawyers if you find yourself in trouble with the law. Big thanks to Jonathan and his team!
I had the most positive experience with this business! Jasmine Mann is an out of this world amazing lawyer and I could never thank her and the business enough for there services! Would highly reccomend! Charges were withdrawn from my case! I could never be happier!
Thank you Jasmine Mann✨ you did an amazing job. Thank you Pyzer amazing job
Having never been experienced with the criminal justice system, I had no idea of what to expect. Mr Pyzer made no bones about my case and it's complexities and was very straight with me about what the possible outcomes could be and how we should proceed. He didn't just get a "good" outcome. He got the best possible outcome I could hope for. Very well recommended, and I hope to never see Jonathan in the same circumstances again.
Honestly!! Jasmine words can't explain how grateful and thankful I am for you, helping me with my case. She took her time and went through all of the evidence and came out with a win!!...I highly recommend her!!
Jonathan Pyzer is an incredible lawyer. He fought tirelessly for me and proved my innocence. From start to finish, he was professional, supportive, and truly cared about my case. I highly recommend him to anyone in need of a criminal defense lawyer.
Mr. Pyzer is a phenomenal lawyer with a wealth of experience that allows him to think outside the box and build smart, effective strategies for your case. He’s honest and direct, he doesn’t sugarcoat things, but instead gives you a clear picture of what to expect. You can trust that he’ll always aim for the best possible outcome and follow through with real dedication. Highly recommended if you want someone knowledgeable, straightforward, and truly on your side.
Jonathan is a patient, understanding, and incredible lawyer. I couldn’t be more pleased with his professionalism and how he helped me through my case which ended with the best resolution possible.
Jonny was incredible! He guided me through every step of my case and worked hard to get the best outcome. Thanks to his dedication and expertise, we won! I highly recommend him to anyone looking for a great lawyer.
1000 stars For Ms.Mann and her Team ! She was handling my father’s case for over a year. Being all the way in the USA & not near my father. She made it easy to contact whatever questions my family and I had was answered and followed up with in a timely manner! Very professional and very knowledgeable about mental health overall. Her patience and care made it seem like she was apart of the family. Thank you Ms.Mann!
I was unexpectedly incarcerated last year and my family did their due diligence when selecting a defense lawyer and selected Ms. Jasmine Mann. She was there for me from the beginning to end. Ms Mann was very professional, hard working and supportive. Although she was highly recommended, she exceeded the recommendation by going above and beyond for me. I can’t thank Ms Mann and her team enough.
I reached out to Ms Mann last year to assist with a complicated criminal matter for my brother in three Ontario jurisdictions. The matters were complicated by underlying mental health dynamics. I live in the USA. Ms Mann took the case and she and her team worked closely with us for over a year to bring everything to a favorable resolution. She was personable, accessible and knowledgeable about navigating the legal system. I would recommend her services!
Jasmin Mann is an outstanding criminal defence lawyer. She’s sharp, professional, and truly cares about her clients. She fought hard for me and got results I didn’t think were possible. Always kept me informed and treated me with respect the whole way through. Highly recommend if you need someone who will really fight for you.
“I will get your case dropped” Those were the words that Atty. Jasmine Mann said with confidence when I first entered her office, And she did. She never made me feel worried or stressed about my situation. Her incredible knowledge was a strong asset to make me feel supported and guided. I am grateful for all that she has done for me I will never have a second thought of recommending her to anyone that is in need of an awesome, knowledgeable and experienced lawyer like her.
I can’t thank Mr Jonathan Pyzer enough for the incredible work he did on my case. Facing criminal charges was one of the most stressful times of my life, especially when the other party is at the fault for the accident, but he handled everything with confidence, clarity, and compassion from day one. He was always honest, responsive, and strategic — and ultimately, he got the charges dropped. His knowledge of the law and courtroom presence gave me peace of mind, and the result speaks for itself. If you’re looking for a lawyer who genuinely fights for you, look no further. Highly recommended.
Jasmine was confident, professional, and never wavered in her support and care by ensuring quality legal counsel services #vindicated
Right from the get go Jasmine was confident, strategic and reassuring. After our initial meeting she understood my situation, quickly had a strategy and a direction to begin with. Throughout the process her confidence never faltered, and was always there reassuring me even when my stress and anxiety was at its peak. Her preparedness, knowledge, and direct delivery made me feel confident in her being my voice and communicating for me. She clearly is passionate and sincere in this field, showing excitement and eagerness from little victories throughout my case. In the end, Jasmine was able to withdraw all charges brought forth against me, I couldn’t imagine having anyone else in my corner, thank you so much Jasmine!
Jonathan Pyzer is knowledgeable, responsive and truly dedicated to the best outcome possible. Explains everything clearly and keeps you informed throughout the process. Highly recommend their services for anyone in need of legal help.
I had the pleasure with working alongside Jasmine Mann. I don’t know why, but when I was incarcerated, I had to make a tough decision and fast. That decision is what led to my freedom. To this day, I’m grateful for everything she provided me. She made me a promise years ago and I’ll never forget it. “EVERYTHING will be fine, I just need you to co-operate with me and listen to myself and your mother. I took that advice, made a complete 180 and now I’m without a criminal record. I not only have the best lawyer, but a friend I can talk to at any given moment. Thank you jasmine, you mean the world. You took a risk with me and it paid off.
I have had Mr. Pyzer represent me twice. Once when I was charged at the age of 18, then 18 years later when charged. I didn’t think twice to ask to have him defend me yet again. His professionalism and presents in court are proof of what a phenomenal lawyer he is ! I still remain with no criminal record. I consider him my lawyer and will only use him for counsel. I believe with Johnathan and his firm, you are in the best hands.
I had the pleasure of working with Jasmine Mann for just over a year, and I’m incredibly grateful for her support and guidance. She helped me navigate a very difficult time when my mental health was significantly impacted by external pressures related to the legal system. Jasmine was not only a strong advocate on my behalf, but also deeply empathetic and sensitive to my emotional well-being. Her support gave me a voice and played a big role in my healing process. I highly recommend her to anyone in need of a compassionate and dedicated lawyer.
Jonathan Pyzer is a great attorney. His diligence and dedication provided the desired results. Thank you.
Never in my life did I expect to face a charge, very traumatic experience. I called many places and they all said they can maybe get a discharge, but then I called this place and jasmine mann said she can maybe get it withdrawn outright. Followed all her instructions and a few months later it was withdrawn. Highly recommend -posted from a burner account
Words cannot express how grateful I am to Jonathan Pyzer. He handled my case from start to finish with exceptional service and professionalism. His expertise, guidance and dedication were instrumental in achieving a positive outcome. Thank you again for your outstanding representation and I would recommend him to anyone seeking top-notch legal counsel. Jenny
Jonathan is a professional of a few words and promises but he works tirelessly "behind the scenes" to make things happen. He is focused on providing best possible results for his clients. Jonathan is will organized and articulate. It seems that he is well respected by many people in the legal system. You can be sure that you will receive the best possible defence with him. Nik
There are professionals who claim they are professional. And then, there are professionals who are professional and beyond- this type of course, being the rare and the very few. This is, unequivocally the category in which Mr. Johnathan Pyzer belongs. This is a very meaningful review for several reasons. First, because I never write reviews, but for Johnathan there was no question. Second, because it’s factual. These are not only compliments, but facts. Johnathan has only ever exemplified ethics and integrity throughout my work with him. As someone in Psychology- one who refers my own patients/clients to lawyers on a regular basis- I had once been faced with the crushing reality that based on having been unjustly-charged, I might never be able to practice again. My job is to NEVER judge my clients, and all at once I feared myself being judged-in probably the same my own clients feared of me. Johnathan never once judged me. His even-keeled, consistent compassion, made me feel deeply safe professionally. I have and will continue to refer those in these kinds of need, to Johnathan. I would like to briefly mention someone very important: Mandi. Mandi is Johnathan’s Articling Student. Mandi was the most maternal, supportive and calming professional. I will end shortly, but I have read some comment about fees. In terms of Mr.Pyzers fees— Whilst I understand that a fee can be a lot of money, I also ask that if you are here, you are here for your freedom, and Mr. Pyzer’s fee is very much worth the rate. Every day I texted him, he would ALWAYS respond before the end of the day. This is merely one example of the care and ethics he will always invest in your case and your trust with the utmost sincerity. To Sum up, in the words of Alan Simpson, “If you have integrity, nothing else matters. If you don’t have integrity, nothing else matters”. Johnathan Pyzer simultaneously defines, and serves the word ‘integrity’.
Jonathan was a pleasure to deal with. Very to the point, but empathetic when I was upset. He was able to get my charges withdrawn and helped me understand what was going on throughout the process. The charges against me were quite serious and he took them as such. Thank you a thousand times, Jonathan. I hope to never need your services again, but will definitely be ready to recommend you to anyone in trouble.
We’ve had the privilege of working alongside Jonathan M. Pyzer of Pyzer Criminal Lawyers for over 20 years, providing anger management, relapse prevention, and domestic abuse services to his clients. Through our programs, many of his clients have been able to demonstrate accountability and personal growth, which has helped them negotiate for leniency with the Crown. Although most of our communication with Mr. Pyzer is through email, he is always professional, responsive, and thorough. It’s clear that he genuinely cares about his clients and works hard to achieve the best possible outcomes for them. We highly recommend Pyzer Criminal Lawyers to anyone in need of skilled and compassionate legal representation in Toronto.
Mr. Pyzer and his law firm hands down are outstanding lawyers. He did what needs to be done and provides exquisite service. Fights for your case with all his heart to get the best results. Will definitely recommend him as a lawyer, you won’t be disappointed
Highly recommend! Jasmine provided exceptional service and was supportive throughout the entire process
Jonathan was great to work with and handled everything without any problems. He made the process smooth and stress free. If you’re looking for a reliable lawyer, I would 100% recommend Jonathan. Thank you for helping me achieve the best possible outcome in my legal matter
Jonathan is an amazing lawyer that is very knowledgeable and understanding. He did a great job by our respective family.
Excellent Legal Representation! I can’t thank Jonathan enough for his exceptional work on my son's case. From the start, he was professional, thorough, and always kept us informed throughout the process. His expertise and dedication led to a successful outcome, and we are incredibly grateful. If you need a skilled and compassionate criminal lawyer, Jonathan is the one to trust. Highly recommend!
Words can’t even explain how grateful I am for Jonathan and all the work and time he has put into my case. Jonathan was respectful, knowledgeable, and professional throughout this whole process and I don’t know what I would have done without him. He was able to get my charges withdrawn and not once did I doubt his expertise because I knew I put my case in the hands of someone who knows what they are doing. I am beyond thankful for the work he has put in and highly recommend Jonathan. Thank you Jonathan!!!
Day one on meeting Johnathan my son and I encountered professionalism , patience and understanding . He worked with us truly . I was very impressed by Johathan expertise he achieved an outstanding result . Mr pyzier is highly respected and recommended .
Jonathan was professional, knowledgeable, and supportive throughout the process. His expertise and dedication helped me achieve the best result. Highly recommend!
Jonathan was very helpful when I encountered my self with a bad situation. I did not research for other lawyers since I trusted him from the beginning. Later I found I did overpay but that’s okay. When we went to court, my limit for the day in e transfer was at the top, he said well we should re schedule the court day. I managed to send him the transfer from other account. Was supposed to follow up to remove my fingerprints from Toronto police but never reached out and I tried texting him also for an invoice after I paid and also he never replied. He is very knowledgeable. Update: Mr Pyzer emailed me right away and it was a misunderstanding. Thank you for your great work.
Jonathan Pyzer is an exceptional criminal defense lawyer in the GTA.His trustworthiness is one of his standout qualities.he never gives false hope and always provide genuine advice.His professionalism and commitment to his clients are truly commendable.Throught the entire process of my case ,Jonathan demonstrated a deep understanding of the law ,detail attention and his strategic approach ensured the best possible outcome. His communication skills are top-notch,consistently keeping clients informed and explaining complex legal term in an easy to understand manner.I am so grateful to his service and highly recommend.He genuinely cares about his clients and fights tirelessly for their rights.
Everything with Jonathan went pretty smooth like fine wine. Highly recommended
Jasmine is literally to me my light in shining armor. She is so kind so warm I was really in the worst mental state possible bt by just talking to her put my mind at ease. Honestly she is an angel. ❤️ If you are ever stuck which I hope you are not but if you are look for jasmine not only she will put your mind at ease bt tell you all the possibilities.
Importance of Early Legal Intervention and a Skilled Criminal Lawyer
Early legal intervention is crucial when facing criminal charges, particularly in complex cases such as sexual assault. Engaging a criminal lawyer immediately can make a significant difference in the outcome of your case.
Early Legal Intervention
Taking swift action after being charged is essential. Early intervention helps preserve crucial evidence, prevents self-incrimination, and allows for the development of a strong defence strategy from the outset. A criminal lawyer can guide you through the initial steps, ensuring your rights are protected and you do not inadvertently harm your case.
Initial Consultation and Case Assessment
An initial consultation with a criminal lawyer is vital for assessing your case and identifying key issues. During this consultation, the lawyer will review the facts, gather initial evidence, and formulate a defence strategy tailored to your circumstances.
Legal Representation and Rights Protection
A criminal lawyer plays a critical role in safeguarding your rights during police investigations and interrogations. They ensure that you are treated fairly and that all legal procedures are followed. Understanding the complexities of the legal system, your lawyer will navigate these processes on your behalf, providing advice and representation.
Building a Strong Defence
Building a robust defence involves several key steps. Your lawyer will collect and analyse evidence, interview witnesses, and consult with experts to challenge the prosecution’s case. By meticulously examining every detail, your lawyer can identify weaknesses in the prosecution’s evidence and develop a compelling defence.
Negotiations and Court Representation
A criminal lawyer is also essential in negotiating with prosecutors, aiming to reduce charges or secure a favourable plea agreement. If your case goes to trial, your lawyer will represent you in court, advocating vigorously to achieve a favourable outcome.
The importance of early legal intervention cannot be overstated. Engaging a criminal lawyer promptly ensures that your rights are protected and that you have a strong defence. If you are facing charges, seek professional legal advice immediately to safeguard your future.
Penalties and Sentences for Sexual Assault Conviction
The penalties for sexual assault vary based on the nature of the offence and the victim’s age. If the victim is under 16, the maximum penalty is 14 years for an indictable offence and 2 years for a summary conviction. If the victim is 16 or older, the penalties are 10 years for an indictable offence and 18 months for a summary conviction. More serious cases, such as sexual assault causing bodily harm or involving firearms, can result in up to 14 years in prison. The most severe offences, including aggravated sexual assault or cases where the victim is under 16, can carry a life sentence when there is no Crown election.
In addition to the penalties for sexual assault, convicted individuals may face ancillary sentencing orders, including no-contact orders to protect the victim, DNA orders for inclusion in a national database, and Section 161 orders restricting access to places where children are present. While sex offender registration under the Sex Offender Information Registration Act (SOIRA) is no longer mandatory for all sexual offences, judges still have discretion in certain cases. However, mandatory registration applies to offences involving children with sentences of two years or more and for repeat offenders.
Contact an Experienced Toronto Sexual Assault Lawyer Today
A sexual assault conviction can also profoundly impact employment and social standing, making it difficult to find work, secure housing, or engage in community activities. The stigma associated with such convictions often leads to social isolation and strained personal relationships.
At Pyzer Criminal Lawyers, we understand these challenges and are committed to protecting our clients’ rights and seeking suitable outcomes. Our committed team recognises the seriousness of sexual assault charges and is dedicated to providing compassionate yet robust representation to defend your rights and advocate for your innocence.
Contact Pyzer Criminal Lawyers at (416) 658-1818 today for a free consultation and start building your defence with Toronto’s experienced sexual assault lawyers.
Get a Free Consultation
We offer a free case evaluation so that we can meet each other and determine how we can get the best outcome with your case. We will help explain your charges to you, the possible outcomes that may occur, and what your next steps should be. Call us today to see how we can help you.
Frequently Asked Questions
How is consent defined in the Criminal Code of Canada?
Section 273.1(1) of the Criminal Code defines consent as a voluntary agreement to engage in sexual activity, considering the individual’s thoughts and feelings at the time. Consent must be affirmatively communicated through words or actions; silence or passivity is not enough.
If the accused can prove that the complainant freely consented, they cannot be convicted of sexual assault. However, intoxication complicates consent, as the court may determine that an intoxicated person was incapable of consenting. To assess consent, the court examines the parties’ words, conduct, and whether reasonable steps were taken to confirm consent.
What is the legal age of consent in Canada?
The legal age of sexual consent in Canada is sixteen. The law includes a “close-in-age exception,” meaning fourteen and fifteen-year-olds can have sex with someone who is less than five years older. Should an adult engage in sex with a minor sixteen years old or younger, they can be charged with criminal offences.
What is SOIRA?
Since 2004, the Canadian Courts have required those found guilty of certain sex-related criminal offences to be registered in a sexual offender database.
The Sexual Offender Information Registration Act (SOIRA) establishes the National Sexual Offender Information Registry, which is a national database that contains the identity, location and other information of those found guilty of certain sex-related criminal offences in Canada.
SOIRA requires those found guilty of certain sex-related criminal offences in Canada to provide personal information and to report to police on a yearly basis so that they can be closely monitored.
Is it possible to avoid an order to register on the sex offender registry?
It is mandatory that a judge in a case must order a person convicted of the designated offences to comply with the registration provisions of SOIRA. If the accused person receives an absolute discharge or conditional discharge for a designated offence, they will not be ordered to register.
Young offenders are not subject to the Sex Offender Registry unless they are sentenced as adults. It is possible for someone to apply for termination of their registration order for the Sex Offender Registry.
