Defending Clients Across Ontario Facing Sexual Assault Charges
Sexual assault lawyers in Toronto play a critical role in protecting the rights and reputations of individuals accused of one of the most serious criminal charges in Canada. A sexual assault conviction can lead to imprisonment, placement on the national sex offender registry, and lifelong consequences that affect employment, immigration status, and personal relationships. These cases are highly sensitive and demand immediate legal action.
At JSM Law, our experienced sexual assault lawyers provide strong and strategic defence to clients across Toronto and Ontario. We have a proven track record of successfully defending clients against false allegations and complex sexual offence charges. If you are searching for a trusted sexual assault lawyer near you, our team is ready to act quickly and decisively to protect your freedom and future.
The Serious Consequences of Sexual Assault Charges in Canada
Sexual assault charges are among the most serious criminal allegations you can face in Canada. A conviction can lead to jail time, mandatory registration as a sex offender, reputational damage, and long-term consequences that may affect your immigration status, employment, and ability to travel. Even if you are innocent, the emotional and legal toll of being accused is overwhelming.
If you’ve been charged with sexual assault in Toronto or anywhere in Ontario, you need an experienced and trusted sexual assault lawyer on your side immediately. At JSM Law, we specialize in defending individuals accused of sexual offences and have successfully handled complex, high-stakes cases resulting in acquittals, withdrawn charges, and reduced penalties. We provide strategic legal defence with discretion, urgency, and compassion — because your future is worth protecting.
What is sexual assault?
Sexual assault is any application of force, either directly or indirectly, against another person’s consent, where the complainant’s sexual integrity is violated. The circumstances leading to charges for sexual assault extend beyond physical contact and include attempts or threats, making the complainant reasonably believe that such force can be applied against them.
In determining whether such application of force or contact was of a sexual nature, the courts apply a number of tests, such as part of the body touched, the nature of the contact, any words or gestures accompanying the act, as well as other proof of sexual motivation.
The criminal code of Canada does not include a specific definition of sexual abuse or assault – this is due to the fact that there is a wide array of different acts that can be classified as sexual assault or sexual abuse. This term is used by many to define unwanted sexual contact, but the legal terminology that is used for this kind of interaction is different.
In Canada, there are various restrictions on sexual contact that are based on laws. The first of these restrictions states that no person under the age of sixteen can consent to sexual activity with an adult. The only exceptions are situations where children similar in age engage in this kind of contact.
Canada’s laws have no single specified rape charge either, and instead define all sexual acts that are non-consensual as sexual assault. The legal definition of an assault includes unwanted physical contact and threats, and sexual activity is only legal in Canada if both parties consent. There is also a provision that states that no one can consent in advance to sexual activity if they fall unconscious, or consent to any activity that will cause serious physical harm.
Sexual assault can be charged in many ways, including sexual assault with a weapon and sexual assault causing bodily harm. Aggravated sexual assault charges are also possible in cases where the interaction that led to the assault influences the charges. In some cases, can also be linked with fraud or the use of authority to obtain sex.
What to Do If You’ve Been Charged with Sexual Assault in Toronto
If you are involved in a situation which can potentially lead to sexual offence charges, your most effective strategy is to retain the best sexual assault lawyers near you in Ontario as soon as possible. Having a lawyer by your side will provide you with the highest chance of obtaining the most favourable possible outcome in your case.
Why Hire a Top Sexual Assault Lawyer in Toronto
Whether you have been wrongfully accused of sexual assault charges or are searching for the services of a sexual assault lawyer, working with JSM Law is your best option. We are one of the leading criminal defence firms in Toronto and will support your case from start to finish with care and attention to detail. Working with a experienced criminal lawyer is critical in order to ensure your case is handled correctly.
Proven Defence Strategies from Our Toronto Sexual Assault Lawyers
Your sexual assault lawyer in Ontario is instrumental in developing a unique and personalized defence strategy with the best chances in court. A winning defence strategy needs to be tailored to your individual circumstances and requires strategic choices and skillful advocacy in the courtroom.
Based on the examination of evidence, your lawyer will evaluate the chances of each of the available defences in court and adjust the strategy to your case. During the trial, your sexual assault lawyer will bring the prosecution’s case to a vigorous test and advocate for you in court to achieve the most lenient possible outcome.
Aggravated sexual assault is the most serious form of sexual assault. You need someone who will rest at nothing to defend you.
What is aggravated sexual assault?
Under section 271 of the Criminal Code of Canada, a sexual assault is a specific type of assault that involves any form of unwanted sexual touching or sexual activity.
Under section 273 of the Criminal Code, sexual assault becomes aggravated sexual assault when, in committing the sexual assault, the accused maims, wounds, disfigures, or endangers the life of the complainant. So, to make out the charges for aggravated sexual assault, it is not enough to just show that the complainant did not consent to sexual touching. Instead, it also needs to be shown that the accused caused the complainant serious bodily harm, leaving the victim wounded, maimed, disfigured, or fearing for their life.
What does the Crown need to prove?
The Crown would to meet the elements of sexual assault, and then the elements of the aggravating nature of the sexual assault.
For instance, if you broke the victim’s bones or stabbed and beat them to the point that they received significant injuries, the Crown will be able to meet the higher threshold of aggravated sexual assault.
Non-disclosure of an HIV-positive status can also meet the threshold for aggravated assault. The Supreme Court has indicated that you must disclose your status if there is a “realistic possibility of transmission.” If you have a low viral load and wear a condom, there is no duty to disclose. But if you have unprotected sex without telling your partner of your status, and put them at risk of contracting HIV, you can be convicted of aggravated sexual assault.
Aggravated assault can be a stigmatizing crime. A lawyer can raise doubt as to whether the Crown has proven all of the elements and vigorously defend you against the charges.
Consequences if found guilty:
An aggravated sexual assault is treated even more seriously than sexual assault. It is so serious that it is a “straight indictable offence,” which means that the Crown can only proceed by way of indictment. As such, this charge can carry a hefty sentence: life in prison. There are mandatory minimums of several years, depending on the age of the complainant and whether a firearm (and what type) is used.
There are also certain orders that accompany an aggravated sexual assault conviction, such as a DNA order, a section 161 order (if the complainant is under 16) and a SOIRA order (which involves the Sex Offender Registry). These orders can have a far-reaching effect on your life long after you are sentenced. A lawyer is in the best position to explain the possible consequences to you and to work tirelessly to obtain the best outcome in the circumstances.
It’s vital to hire a lawyer
Being charged with aggravated sexual assault can be a stressful and very stigmatizing experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events and to question the complainant’s reliability and credibility;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how aggravated sexual assault cases are handled. These types of cases often come down to credibility. Hiring a sexual assault lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.
Sexual interference is a serious criminal offence with a sentence of up to 14 years in prison. Having a knowledgeable criminal defence lawyer on your side is a must.
What is sexual interference?
Sexual interference is defined under section 151 of the Criminal Code of Canada as an offence that is committed when someone, directly or indirectly, touches the body of a person under 16 years old for a sexual purpose. As such, the touching itself must be intentional, and the accused must have intended sexual interaction with the complainant.
Sexual interference versus an invitation to sexual touching:
With sexual interference, the accused needs to have touched the complainant (someone under the age of 16) with either their own body or an object, for a sexual purpose.
Under section 152 of the Criminal Code, an invitation to sexual touching means that the accused counselled or incited someone under the age of 16 to touch their own body, the accused’s body, or the body of another person for a sexual purpose. Again, the touching can be done directly with a part of the complainant’s body or indirectly done with an object.
Both of these offences are meant to protect victims under the age of 16. Additionally, the consequences and time spent in prison if convicted are the same for both offences.
Sexual Interference versus sexual assault
The charge of sexual interference is more specific than the charge of sexual assault. First, sexual interference involves complainants under 16 years of age. Second, sexual interference requires that the touching is for a sexual purpose, while sexual assault only requires that the touching be sexual in nature. Essentially, sexual interference is much more concerned with the mind of the accused and what they intended with their acts. That being said, the distinction is not always clear, and a lawyer can help explain the difference between these two offences. It is also important to note that while you can be charged for both sexual interference and sexual assault, the Kienapple principle bars multiple convictions for offences that cover the same wrong and that arise from the same set of facts. A lawyer can help ensure that this principle is respected by the criminal justice process.
Consequences if found guilty:
Sexual Interference is a serious offence and a conviction carries with it the possibility of a lengthy prison sentence. If the Crown proceeds by way of summary conviction, you may face a maximum prison sentence of two years less a day, and a minimum sentence of 90 days. If the Crown proceeds by way of indictment, you may face a maximum prison sentence of 14 years and a minimum prison sentence of one year.
There are also certain orders that accompany a sexual interference conviction, such as a DNA order, a section 161 order, and a SOIRA order (which involves the Sex Offender Registry). These orders can have a far-reaching effect on your life long after you are sentenced. A lawyer is in the best position to explain the possible consequences to you and to work tirelessly to obtain the best outcome in the circumstances.
It’s vital to hire a sexual interference lawyer
Being charged with sexual assault can be a stressful experience. Just being charged with this offence can carry a very serious stigma due to its sensitive nature. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events and to question the complainant’s reliability and credibility;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how sexual interference cases are handled. These types of cases often come down to credibility. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.