What happens at the bail hearing for a sexual assault charge?

Yes. False accusations do occur, and there are defence strategies available, such as:Challenging the credibility and reliability of the complainant’s testimonyPresenting evidence that contradicts the allegationsEstablishing consent where legally applicableA skilled defence lawyer will work to uncover inconsistencies and build a compelling case in your favour.

What should I do immediately after being charged with or investigated for sexual assault?

When selecting a criminal defence lawyer, look for:Experience handling sexual assault casesA strong track record of successful outcomesClear communication and a strategic defence approachPositive client reviews and testimonialsAt Mass Tsang, senior criminal defence lawyers with extensive experience in sexual assault cases provide strategic and effective representation. Contact us today for a confidential consultation.

Sexual Assault Lawyers in Toronto, GTA

A sexual assault charge in Ontario is among the most serious criminal allegations you can face. The consequences of a conviction extend far beyond imprisonment — mandatory registration on the national sex offender registry, DNA collection orders, prohibition orders restricting access to children and public spaces, and a permanent criminal record that affects employment, immigration, and every aspect of your future life. These consequences attach upon conviction, not upon sentencing. There is no way to negotiate them away after the fact.

The legal issues in sexual assault cases are among the most complex in Canadian criminal law. They turn almost entirely on credibility, consent, and the complainant’s account — often in the absence of physical evidence. The law has been amended repeatedly in the past decade to strengthen prosecutions and limit certain defences. What this means for you is that the quality of your legal representation from the moment of arrest — not from the moment your trial begins — determines the trajectory of your case.

Jeff Mass and the team at Mass Tsang LLP have defended sexual assault cases across Toronto and the GTA for over 30 years. We appear regularly at Old City Hall, College Park, the Superior Court of Justice at 361 University Avenue, and courts in Brampton, Scarborough, Newmarket, and Oshawa. If you have been charged, call us now. The consultation is free, confidential, and available 24 hours a day.

SEXUAL OFFENCES IN ONTARIO: THE FULL SPECTRUM

Offence	Criminal Code	Max — Indictable	Key Mandatory Consequences
Sexual Assault	s. 271	10 years (14 yrs if complainant under 16)	SOIRA (10, 20 yrs, or life); DNA order; s. 161 prohibition
Sexual Assault with a Weapon / CBH	s. 272	14 years (life if complainant under 16)	SOIRA (life); DNA order; s. 161; mandatory minimum if under 16
Aggravated Sexual Assault	s. 273	Life imprisonment	SOIRA (life); DNA order; s. 161; mandatory minimum in most cases
Sexual Interference (under 16)	s. 151	14 years	SOIRA (life); DNA order; s. 161; mandatory minimum
Sexual Exploitation (16–18, authority)	s. 153	14 years	SOIRA (life); DNA order; s. 161
Invitation to Sexual Touching	s. 152	14 years	SOIRA; DNA; s. 161

WHAT IS SEXUAL ASSAULT UNDER CANADIAN LAW?

Sexual assault is defined in s. 271 of the Criminal Code. An assault becomes a sexual assault when it is committed in circumstances of a sexual nature that violate the sexual integrity of the complainant. The assessment is objective: would a reasonable person consider the act to be sexual in nature given all the circumstances?

Sexual assault does not require penetration, physical injury, or violence. It encompasses any intentional touching of a sexual nature without consent. This includes: kissing, fondling, groping, grabbing, and any other unwanted sexual contact. The breadth of the definition means that charges can arise from a single momentary touch if it occurred without consent.

Sexual assault vs. sexual interference (s. 151)

Sexual interference is a separate offence that applies specifically where the complainant is under 16 years of age and the accused touches the body of the complainant for a sexual purpose. It overlaps significantly with sexual assault but has its own section and its own mandatory minimum sentences. Where both offences are technically made out, the Kienapple principle prevents conviction for both arising from the same act.

Historical allegations — no limitation period

There is no limitation period for sexual assault or any other sexual offence in Canada. A person can be charged decades after the alleged incident. Historical sexual assault cases present unique challenges for the defence: the accused may have limited recollection of the events, evidence has been lost or destroyed, and witnesses may be unavailable. However, they also present significant opportunities: the passage of time affects the complainant’s reliability as much as it affects the defence’s case.

Where the charge is historical and is laid more than 12 months after the alleged offence, the accused is entitled under the Code to elect trial by jury in the Superior Court of Justice — a significant procedural right.

CONSENT: THE CENTRAL LEGAL ISSUE IN SEXUAL ASSAULT CASES

In the vast majority of sexual assault prosecutions, the central issue is consent. The Crown must prove beyond a reasonable doubt that the complainant did not consent to the sexual activity. The legal definition of consent is found in s. 273.1 of the Criminal Code:

Section 273.1: Consent means the voluntary agreement of the complainant to engage in the sexual activity in question. No consent is obtained where the agreement is expressed by the words or conduct of a person other than the complainant.

When consent does not exist (s. 273.1(2))

The Criminal Code specifies that consent is not obtained in the following circumstances, among others:

Incapacity: The complainant was incapable of consenting to the activity due to intoxication by alcohol or drugs, unconsciousness, sleep, or other incapacity.
Induced by abuse of trust: The accused was in a position of trust, power, or authority over the complainant and the consent was induced by an abuse of that position.
Third-party consent: The accused was aware of consent only because a third party expressed it — consent must come from the complainant directly.
Words or conduct expressing non-consent: The complainant expressed a lack of agreement through words or actions, or expressed a wish to stop an activity that had previously been consensual.
Silence or passivity: Silence, passivity, or the absence of resistance does not constitute consent.

Honest but mistaken belief in communicated consent (s. 273.2)

The defence of honest but mistaken belief in consent — sometimes called the Ewanchuk defence — is available where the accused genuinely believed the complainant was consenting. However, this defence is significantly restricted by s. 273.2 of the Criminal Code. It is not available where:

The accused’s belief arose from self-induced intoxication
The accused’s belief arose from recklessness or wilful blindness as to whether the complainant was consenting
The accused failed to take reasonable steps to ascertain that the complainant was consenting in the circumstances known to the accused at the time

The critical requirement is “reasonable steps.” What steps were taken to confirm consent will be assessed by the trial judge against the specific circumstances of the encounter. The defence cannot succeed merely by the accused asserting that they believed consent existed. There must be evidence of positive steps taken to confirm it.

Note for the client review: The honest but mistaken belief defence is one of the most important and strategically complex defences available in sexual assault cases. Whether it is available and how it is presented requires careful analysis of the specific facts by your lawyer. General information about this defence on a website is not legal advice specific to your situation.

LEGAL RULES UNIQUE TO SEXUAL ASSAULT PROCEEDINGS

Sexual assault proceedings operate under a distinct set of legal rules that apply in no other area of criminal law. An experienced sexual assault defence lawyer must navigate these rules in every case.

The Rape Shield Provisions (s. 276 Criminal Code)

Evidence of a complainant’s prior sexual activity is generally inadmissible in a sexual assault trial. Section 276 of the Criminal Code creates a “rape shield” that prevents the accused from cross-examining the complainant about their prior sexual history — whether with the accused or with others — for the purpose of suggesting that the complainant was more likely to have consented, or that the complainant is less worthy of belief.

Where the defence believes that the complainant’s prior sexual activity with the accused is genuinely relevant to a live issue at trial — not just to consent and credibility generally, but to a specific factual issue — the defence must bring a s. 276 application to the court before trial. The application is heard by the judge, and evidence is only admitted if its probative value substantially outweighs any prejudicial effect on the proceedings. The test is a strict one. This application requires specific expertise and must be prepared in advance of trial.

Third-Party Records Applications (ss. 278.1–278.9 Criminal Code)

Where the defence believes that a third party holds private records relating to the complainant — including therapy records, counselling notes, medical records, school records, or records from a social service agency — that may be relevant to the defence, a formal application must be brought to the court to obtain those records. The application is a two-stage process: the judge first determines whether the records should be produced to the court for review, and then whether any portion of those records should be disclosed to the accused.

The threshold for obtaining third-party records in sexual assault cases is high by design. The process can be complex, time-consuming, and contested. An experienced sexual assault defence lawyer identifies early in the file which records may be relevant, brings the application in a timely manner, and marshals the arguments needed to meet the production standard.

Automatic Publication Ban (s. 486.4 Criminal Code)

Upon application by the Crown or the complainant — or on the court’s own motion — an order may be made prohibiting the publication, broadcasting, or transmission of any information that could identify the complainant in a sexual offence proceeding. These publication bans are standard in virtually all sexual assault cases and are imposed automatically in cases involving complainants under 18. Violation of a publication ban is a criminal offence.

No Preliminary Inquiries (Bill C-75, 2019)

Prior to the 2019 amendments through Bill C-75, accused persons in sexual assault cases could elect a preliminary inquiry in the Superior Court of Justice to test the Crown’s evidence before trial. Bill C-75 abolished preliminary inquiries for most hybrid and indictable offences, including sexual assault under ss. 271, 272, and 273. This change eliminated a significant tool that defence counsel previously used to preview the complainant’s evidence. Today, the first time the defence hears the complainant testify in most cases is at trial.

WHAT HAPPENS AFTER YOU ARE CHARGED WITH SEXUAL ASSAULT

Do Not Speak to Police — Not Even to Explain Your Side

This is the most important instruction for anyone charged with or under investigation for a sexual assault offence: do not provide a statement to police. Do not call the complainant. Do not contact anyone who may be a witness. Exercise your right to silence under s. 7 and your right to counsel under s. 10(b) of the Charter. Call a lawyer immediately.

Police investigating sexual assault allegations are experienced at obtaining statements from accused persons that can be used against them at trial. A statement made in the context of an apparently friendly conversation, or in an attempt to explain your version of events, can be devastating at trial. There is no statement you can give to police that helps your case. There is only silence, and your right to it.

Bail After a Sexual Assault Charge

A person arrested on a sexual assault charge will typically be held for a bail hearing. The Crown will almost certainly seek conditions on release, including a no-contact order with the complainant, restrictions on communications, and in some cases a surety requirement. For charges involving an alleged complainant who was under 16, or where there are multiple alleged complainants, the Crown may seek detention.

An experienced bail counsel can make the difference between a restrictive bail and one that allows you to maintain your employment, residence, and family relationships while the case proceeds. Bail is the first substantive legal proceeding in your case and should not be approached without a lawyer.

Disclosure and Investigation

Once the charge has been processed, you are entitled to full disclosure of all the evidence the Crown intends to rely on — police notes, the complainant’s KGB statement (videotaped statement), any DNA evidence, records obtained during the investigation, and any forensic reports. Your lawyer will review all disclosure carefully, looking for: inconsistencies in the complainant’s account across different statements; gaps in the police investigation; potential Charter issues with how evidence was obtained; and any exculpatory material the Crown is required to disclose.

In sexual assault cases, the complainant’s prior statements — to police, to friends, by text message or social media — are often the most important material in the defence file. Identifying and preserving that material early is critical.

Trial Election: Ontario Court of Justice vs. Superior Court of Justice

For sexual assault under s. 271 charged by indictment, the accused has the right to elect the mode of trial: before a judge alone in the Ontario Court of Justice; before a judge alone in the Superior Court of Justice; or before a judge and jury in the Superior Court of Justice. The election has significant implications for strategy, timeline, and the conduct of the trial. Your lawyer will advise on the best election for your specific case.

DEFENCES TO SEXUAL ASSAULT CHARGES IN ONTARIO

Every sexual assault case turns on its specific facts. These are the defences most commonly available in Ontario sexual assault proceedings:

Complainant Credibility and Reliability

The most commonly deployed and most effective defence in sexual assault cases is a rigorous challenge to the credibility and reliability of the complainant’s account. Because most sexual assault cases have no physical evidence and no witnesses, the Crown’s case rests entirely on whether the judge believes the complainant beyond a reasonable doubt. Prior inconsistent statements — between the initial complaint, the police video statement (KGB statement), preliminary inquiry testimony if available, and trial evidence — are the foundation of cross-examination.

The complainant’s reliability is different from their credibility. Credibility is whether they are deliberately lying; reliability is whether their memory is accurate. Both can be challenged independently. A complainant may be entirely sincere but mistaken about what occurred, particularly in cases involving alcohol, darkness, stress, or the passage of years since the alleged incident.

Honest but Mistaken Belief in Communicated Consent

Where the specific facts support it, the defence of honest but mistaken belief in communicated consent under s. 273.2 is a complete answer to a sexual assault charge. This defence requires: evidence that the accused genuinely believed the complainant was consenting; evidence of the reasonable steps the accused took to confirm consent; and the absence of intoxication, recklessness, or wilful blindness on the accused’s part. The defence requires careful preparation and, in most cases, testimony by the accused.

Consent (Factual)

Where the complainant in fact consented to the sexual activity in question — where the Crown’s allegation is that the activity occurred without consent, but the evidence establishes that it did — the defence is factual consent. This differs from the honest but mistaken belief defence in that the accused’s position is not merely that they believed there was consent, but that there was actual consent. The trial judge must assess whether the Crown has proven the absence of consent beyond a reasonable doubt.

Identity

In cases where the complainant does not know the accused, where the alleged assault occurred in darkness or poor visibility, or where the complainant’s identification of the accused is based on limited or unreliable observation, identity is a live issue. DNA evidence, alibi evidence, surveillance footage, and expert evidence on eyewitness memory can all be relevant to an identity defence.

Alibi

Where the accused was not present at the location of the alleged assault, alibi evidence establishes a complete defence. Alibi evidence should be disclosed to the Crown in advance of trial — late alibi disclosure can reduce the weight a trial judge assigns to it.

Charter Violations

Where the police violated the accused’s rights under the Charter of Rights and Freedoms during the investigation — unlawful search, failure to advise of the right to counsel, improper interrogation — evidence obtained as a result may be excluded. Where the excluded evidence includes a statement by the accused or forensic evidence necessary to the Crown’s case, the charge may be dismissed entirely.

Unreasonable Delay (Jordan Application, s. 11(b))

Sexual assault cases in the Superior Court of Justice frequently take 18–30+ months from charge to trial. The Jordan framework sets a presumptive ceiling of 30 months in the Superior Court, beyond which a stay of proceedings may be available. Your lawyer should be tracking delay from the outset of the file. A Jordan application in a complex sexual assault case can be one of the most powerful tools in the defence arsenal.

MANDATORY CONSEQUENCES: SOIRA, DNA, AND PROHIBITION ORDERS

SOIRA: The National Sex Offender Registry

The Sex Offender Information Registration Act (SOIRA) requires every person convicted of a designated sexual offence to register with the national sex offender registry. Registration is not optional and is not subject to judicial discretion in most cases — the court must make the order upon conviction. The consequences of SOIRA registration are significant and long-lasting:

You must report in person to a designated registration centre within 7 days of your sentence and annually thereafter.
You must notify police within 7 days of any change of address.
You must notify police of any travel outside Canada of 7 days or more.
Your registered information is accessible to law enforcement across Canada.
Failure to comply with SOIRA reporting obligations is a criminal offence.

DNA Collection Orders (s. 487.051 Criminal Code)

A conviction for any sexual offence under Part VIII of the Criminal Code results in a mandatory DNA collection order. Your DNA profile will be added to the National DNA Data Bank and will be compared against DNA from crime scenes across Canada and internationally (through information-sharing with partner jurisdictions). This order is mandatory and is not subject to mitigation at sentencing.

Section 161 Prohibition Orders

Upon conviction for a sexual offence involving a complainant under 16, or upon a second or subsequent conviction for certain sexual offences, the court may (and in many cases must) impose a s. 161 prohibition order. A s. 161 order can prohibit the offender from: attending public parks and swimming pools where persons under 16 are present; attending school grounds, daycare centres, playgrounds, or community centres; accepting employment or volunteering in a position of trust or authority over persons under 16; using the internet or other digital network in a specified manner.

The scope and duration of a s. 161 order depends on the offence and the circumstances. In cases involving minors, these orders can profoundly restrict daily life for years after the sentence has been served.

FREQUENTLY ASKED QUESTIONS

Sexual assault is defined in s. 271 of the Criminal Code as an assault that is committed in circumstances of a sexual nature that violate 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 constitute sexual assault. The test for whether contact is ‘sexual’ is objective: would a reasonable person consider the act to be sexual in nature given all the circumstances?

Yes. Intoxication of the complainant can negate their capacity to consent, even if the accused was also intoxicated. Voluntary intoxication by the accused 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 liability. These cases are highly fact-specific and depend on the degree of intoxication of each party, the nature of the conduct, and the evidence available about the encounter.

This defence — available under s. 273.2 of the Criminal Code — applies where the accused genuinely believed the complainant was consenting, even if the complainant was in fact not consenting. The defence is strictly limited: it is not available where the belief arose from self-induced intoxication, recklessness, or wilful blindness; and it requires evidence that the accused took reasonable steps to ascertain that the complainant was consenting. The defence requires specific factual support and typically requires the accused to testify.

The timeline for resolving a sexual assault case varies depending on factors like the complexity of the case, court availability, and legal proceedings. Some cases are resolved in months, while others may take over a year. Your lawyer can provide a better estimate based on your specific circumstances.

Charges may be withdrawn if insufficient evidence or the prosecution determines that the proceeding is not in the public interest. A strong defence, presented by an experienced lawyer, can increase the chances of having charges reduced or dismissed.

Consent is defined in s. 273.1 of the Criminal Code as the voluntary agreement of the complainant to engage in the sexual activity in question. Silence, passivity, or the absence of resistance does not constitute consent. Consent cannot be given by a third party on behalf of the complainant. Consent obtained through an abuse of trust or authority is not valid consent. Consent can be withdrawn at any time, including after sexual activity has already begun.

SOIRA (Sex Offender Information Registration Act) is the law that requires people convicted of designated sexual offences to register on the national sex offender registry. Registration involves annual reporting in person, notifying police of address changes within 7 days, and notifying police before international travel. Registration duration depends on the offence: 10 years for a first offence of sexual assault under s. 271 against an adult; life for more serious offences, offences involving complainants under 16, or second/subsequent designated sexual offences. Failure to comply with SOIRA obligations is itself a criminal offence.

Yes. False accusations do occur, and there are defence strategies available, such as:

Challenging the credibility and reliability of the complainant’s testimony
Presenting evidence that contradicts the allegations
Establishing consent where legally applicable

A skilled defence lawyer will work to uncover inconsistencies and build a compelling case in your favour.

You have the right to remain silent. Politely declined to answer questions and requested to speak with a lawyer immediately. Anything you say can be used against you in court, so legal representation is crucial before making any statements.

When selecting a criminal defence lawyer, look for:

Experience handling sexual assault cases
A strong track record of successful outcomes
Clear communication and a strategic defence approach
Positive client reviews and testimonials

At Mass Tsang, senior criminal defence lawyers with extensive experience in sexual assault cases provide strategic and effective representation. Contact us today for a confidential consultation.

YOUR SEXUAL ASSAULT DEFENCE LAWYERS

Jeff Mass

Managing Partner (Primary Attorney for Sexual Assault Cases)

Managing Partner

Jeff Mass is the founding and managing partner of Mass Tsang LLP. He has defended sexual assault and sexual offence cases at every level of court in Ontario for over three decades. Jeff has appeared at Old City Hall, College Park, the Superior Court of Justice at 361 University Avenue, and across GTA-area courthouses in cases ranging from sexual assault under s. 271 to aggravated sexual assault under s. 273, sexual interference, and historical allegations. Jeff is known for his rigorous cross-examination of complainants in credibility-based trials and his strategic use of third-party records applications and s. 276 applications. He is a member of the Criminal Lawyers’ Association of Ontario and the Law Society of Ontario.

Heather Spence

Criminal Defence Lawyer

Partner

Heather Spence is a partner at Mass Tsang LLP and a graduate of Osgoode Hall Law School. She defends clients facing sexual assault and related sexual offence charges across Ontario. Heather brings a methodical, disclosure-focused approach to sexual assault files, with particular attention to the complainant’s prior statements, third-party records production applications, and the evidentiary rules unique to sexual offence proceedings.

Brian Brody

Criminal Defence Lawyer

Partner

Brian Brody is a partner at Mass Tsang LLP who defends clients charged with sexual assault, sexual interference, and related offences. Brian has represented clients at all stages of sexual assault proceedings, including bail hearings, preliminary matters, and trials in both the Ontario Court of Justice and the Superior Court of Justice. He has argued Charter applications, Jordan applications, and credibility-based defences in sexual assault matters across Toronto and the GTA.

Facing Sexual Assault Charges? MassTsang’s Team is here to help! Check out our latest sexual assault cases:

R. v. G.W. (ONTARIO COURT OF JUSTICE, TORONTO — 10 ARMOURY STREET)

Allegations: Sexual Assault (s. 271)

Defence: Advanced the defence of honest but mistaken belief in communicated consent. Presented detailed evidence of the nature of the prior relationship between the client and the complainant and the specific circumstances immediately preceding the alleged incident. Cross-examined the complainant on communications that contradicted the Crown’s theory that consent was clearly refused.

Result: Acquittal. Trial judge found that the Crown had not disproved the honest belief defence beyond a reasonable doubt.

R. v. H.R. (SUPERIOR COURT OF JUSTICE, 361 UNIVERSITY AVENUE, TORONTO)

Allegations: Sexual Assault (s. 271), Sexual Assault Causing Bodily Harm (s. 272)

Defence: Brought a third-party records application under ss. 278.1–278.9 to obtain and produce records directly relevant to the complainant’s credibility. Conducted a rigorous cross-examination identifying significant inconsistencies between the complainant’s KGB statement, initial police interview, preliminary inquiry testimony, and evidence at trial.

Result: Sexual Assault Causing Bodily Harm charge withdrawn by Crown mid-trial. Acquittal entered on the Sexual Assault charge.

R. v. K.P. (COLLEGE PARK COURTS, TORONTO)

Allegations: Sexual Interference (s. 151), Invitation to Sexual Touching (s. 152)

Defence: Filed a Jordan application establishing that the elapsed time from the laying of charges to the anticipated end of trial exceeded the 18-month presumptive ceiling applicable to Ontario Court of Justice proceedings. Documented that delays were attributable to institutional causes and Crown-caused adjournments, and not to any conduct of the defence.

Result: All charges stayed for unreasonable delay under s. 11(b) of the Charter.

R. v. M.A. (ONTARIO COURT OF JUSTICE, TORONTO — 10 ARMOURY STREET)

Allegations: Sexual Assault (s. 271)

Defence: Challenged the complainant’s credibility and reliability through detailed cross-examination of inconsistencies across multiple prior statements, including a text message communication obtained during disclosure in which the complainant made statements materially inconsistent with the Crown’s case. Argued that the cumulative inconsistencies made it impossible to convict on the criminal standard.

Result: Acquittal at trial.

R. v. D.L. (ONTARIO COURT OF JUSTICE, NEWMARKET — 50 EAGLE ST W)

Allegations: Sexual Assault (s. 271)

Defence: Established mistaken identity as the central defence. Adduced evidence demonstrating that the client was not at the location alleged at the relevant time, and that the physical description provided by the complainant in her initial report to police was in several material respects inconsistent with the client’s appearance. Provided alibi evidence and corroborating witnesses to the Crown.

Result: Crown withdrew all charges prior to the commencement of trial.

R. v. T.S. (SUPERIOR COURT OF JUSTICE, TORONTO — 361 UNIVERSITY AVENUE)

Allegations: Sexual Assault (s. 271), Forcible Confinement (s. 279(2))

Defence: Retained a forensic expert to analyze the physical and medical evidence the Crown alleged supported the complainant’s account. The expert’s evidence established that the physical findings were equally consistent with a consensual encounter. Conducted a rigorous cross-examination of the investigating officer on deficiencies in the collection and preservation of evidence during the investigation.

Result: Acquittal on both counts.

1,200 +

won cases

91 %

success rate

30+ years

of experience

4.7 _{out of} 5

stars customer rating

Free

case evaluation

100%

anonymous & secure process

Total amount of hours per client

dozens of hours required for research, preparation and legal defence.

12-24 months

Case resolution time (from charge to trial)

If you or a loved one is facing sexual assault charges, contact our lawyers at Mass Tsang as soon as possible to begin mounting your best defence.

Read on to learn more about how Ontario courts address most sexual assault cases, the potential penalties, and how your Mass Tsang lawyer can help you successfully beat the charges.

Call Now at 416-907-4097 or

What is Sexual Assault?

As per the Criminal Code of Canada, sexual assault is a form of assault committed for a sexual purpose. It encompasses a wide range of offences – both with or without physical contact. Three conditions must exist to constitute a sexual assault:

The Use of Force

Force, in this case, does not necessarily have to involve the use of coercion or physical violence. Once a person touches or threatens to touch another person, that can already be deemed an application of force

Sexual Context

It occurs when another person's sexual integrity is violated and damaged. The basis for determining whether an assault was sexual is all the circumstances surrounding the attack, which body parts were touched, spoken words, specific acts, and the perpetrator's intentions.

A voluntary agreement, clearly expressed in words or conduct, to participate in sexual activity by the person concerned is consent. The lack of such agreement marks the distinction between sexual contact and sexual assault, according to the Criminal Code and Supreme Court. Based on the concept of sexual exploitation, consent cannot be given if a person is incapable due to intoxication, a disability, or other reasons. Consent is also invalid if the person is in a situation or position of trust, power, or abusing authority. The law further considers a relationship of dependency (age 16 or younger) to constitute a lack of consent.

Sexual assault charges

Type of Sexual Assault Charge	Minimum Sentence (First Offence)	Minimum Sentence (Subsequent Offences)	Maximum Sentence
Sexual assault causing bodily harm without a firearm	None	14 years	14 years
Sexual assault with a restricted or prohibited firearm	5 years	7 years	Life imprisonment
Sexual assault causing bodily harm with possession of another firearm	4 years	14 years	Life imprisonment
Aggravated sexual assault without a firearm	None	Life imprisonment	Life imprisonment
Aggravated sexual assault with a firearm	5 years	Life imprisonment	Life imprisonment
Aggravated sexual assault with possession of another firearm	4 years	Life imprisonment	Life imprisonment

WHAT IS THE PUNISHMENT FOR SEXUAL ASSAULT?

LEVEL 1
Up to 10 years in prison

Any form of sexual activity forced on another person, which includes sexual activity without consent or bodily contact initiated for sexual gratification. The victim may or may not have minor physical injuries.

LEVEL 2
Up to 14 years in prison

This degree of sexual assault involves the use or threat to use a weapon. Threatening a victim’s friends or family members, causing bodily harm to the victim, or committing sexual assault with other participants.

LEVEL 3
Up to life in prison

Also known as aggravated sexual assault, this is the most severe form of sexual assault. Aggravated sexual assault involves maiming, disfiguring or endangering the life of the victim.

Defence Strategies

Depending on all the circumstances that led to the sexual assault charges, criminal defence lawyers use the following strategies as warranted by evidence and other factors:

Seek to have sexual offence
charges dropped

01

Establish and
present evidence
of your innocence

02

Challenge the
prosecution’s
physical evidence

03

Challenge
witness testimony

04

Argue that
Charter Rights
were breached

05

Argue innocence
based on consent

06

Negotiate and
plea for favourable
sentencing terms
if convicted

07

Appeal
the conviction
as warranted

08

Argue against
inclusion on
the sex offenders
registry

09

Sexual
Assault

As a criminal offence, sexual assault charges can include everything from rape to inappropriate touching and even the threat of such. Penalties with a guilty finding are typically based on how extensive the physical element of the assault was and other factors relating to the accused and relationship with the victim. Certain sexual offences like aggravated sexual assault almost guarantee jail time if convicted in a sexual assault trial, and most sexual offences carry mandatory inclusion on the sex offenders registry with a criminal conviction.

Defending sexual assault charges success stories

Mr. T was charged with sexual assault after his friend, Ms. C, accused him of engaging in sexual intercourse with her while she was passed out in his fraternity room bed. The central issue at trial was whether Ms. C “subjectively consented to having sexual intercourse with [Mr. T]” on that occasion or, “framed more narrowly, whether she had the capacity to do so. "

Mr. J was charged with sexually assaulting Ms. V after she allegedly passed out on his bed with her friend, Ms. K, after a long night of partying. Mr. J’s defence did not challenge evidence that he had sexual contact with Ms. V but contended that it occurred with her consent. Mr. J did not testify during the trial or call any evidence.

Charged with a sexual assault and related allegations, Mr. M’s defence team applied for a stay of prosecution 21 months after he was charged based on Section 11(b) of the Canadian Charter of Rights and Freedoms.

If you or a loved one has been charged with sexual assault, time is of the essence

Speak to a Mass Tsang sexual assault lawyer today to mount the best defence possible and protect your future.

Call Now at 416-907-4097 or

What are the common defences against
sexual assault charges?

01

Circumstances

The circumstances vary in any sexual assault case, and it takes the right criminal lawyer to use the specific details to craft the best defence possible. However, there are typically five main defence strategies.

02

Factual Innocence

Once you retain the services of a Mass Tsang, the sexual assault lawyer will try to gather facts and evidence to show that you were not there, could not have applied force to the complainant, and more.

03

Identity

The sexual assault lawyer will challenge the accuser to positively identify the accused person of committing the sexual assault. They may also have to challenge any forensic tools the prosecution uses to confirm the identity of the attacker.

04

Sex Did Not Occur

The burden of proving that there was a sexual activity is on the accuser. This defence strategy often comes down to a battle of credibility. For this reason, you should retain a sexual assault lawyer in Toronto who is well–versed in defending this type of case, one of which is gathering evidence to put the testimonies of the accuser in doubt.

05

Consensual
Sexual Activity

Many sexual assault trials come down to the distinction between consensual and non-consensual sexual activity. Whatever the sexual activity, your sexual assault defence lawyer will seek information and evidence to prove consent or discredit the accuser. On the other hand, consent may not matter if the sexual assault criminal defence lawyer can prove that the alleged sexual activity did not occur.

06

Honest But Mistaken Belief

Another common defence strategy raised against a criminal accusation of sexual assault is that the accused honestly believed that the sexual activity had been consensual. Of course, arguing that the complainant consented has its limitations. For example, self-induced intoxication does not qualify. The best Toronto sexual assault lawyer would argue on behalf of the client that there was a reasonable belief the complainant was consenting.

What types of sexual assault
can be filed against you?

Sexual assault charges can include everything from inappropriate touching to rape. If the criminal accusation involves someone under the age of 16, it could lead to a sexual interference charge, which can prove more complicated than defending against standard sexual assault charges. Sexual offence conviction penalties, which can include jail time and mandatory inclusion on the sexual offenders database, are typically based on how extensive the physical element of the assault was and other factors relating to the accused and relationship with the victim.

Sexual Assault with Physical Contact

The worst of sexual assault crimes involves physical contact. It may be consummated (penetration) or not and includes other acts.

Rape or Sexual Relations with Penetration
Attempted Rape
Sexual Touching/Contact

Sexual Assault without Physical Contact

This form of sexual assault may not involve physical contact but is still of a sexual nature. It encompasses these manifestations:

Sexual harassment
Exposure to sexual acts by force, such as pornography or actual sexual activity
Exhibiting or exposing genitalia
Taking photos or making videos or other recordings of a child in a sexual nature
Inciting or forcing a child to touch their own body or masturbate

Sexual Assaults Based on Perpetrator and Victim Relationship

Intrafamilial Sexual Abuse
The accused is a member of the immediate or extended family.
Extrafamilial Sexual Abuse
The accused is not a member of the immediate or extended family but an acquaintance or a stranger.
Sexual Assault in Conjugal Context
Spousal rape is a form of sexual assault committed between partners of all ages. Partners can be married, in a civil or de facto union, or dating.
Sexual Misconduct
Physical and mental health professionals who take advantage of the professional relationship by having a sexual relation, making inappropriate remarks or gestures that are sexual in nature, or committing acts that are derogatory to the dignity of the profession as defined by the relevant professional code could be charged with this form of sexual assault. Even intimate relationships that may be mutually desired and egalitarian fall under this category.

Confidentiality Guarantee

At Mass Tsang LLP, we understand the sensitive nature of sexual assault cases and prioritize your privacy. Our legal team upholds the highest standards of confidentiality, ensuring that all discussions, case details, and personal information remain strictly protected. You can trust us to handle your case with discretion, professionalism, and unwavering commitment to your rights.

WHY MASS TSANG

1,000+ successful defences

Mass Tsang has a proven track record of securing over 1,000 complete dismissals of charges, leaving defendants with a clean record, and an equally impressive record in reductions in charges/penalties.

In-depth knowledge of the criminal justice system

Unlike many law firms, our sexual assault lawyers practice solely in criminal law, allowing us to provide highly effective representation for clients facing criminal charges, from minor infractions to serious sexual assault offences.

30 years of combined experience

You benefit from the knowledge, opinion and experience of a team of six highly skilled criminal lawyers. After years of working with the same prosecutors and judges in the Toronto area, we can provide tailored defence strategies to give you the best chance of success.

Available when you need us

Fighting a criminal charge can be stressful and you don’t want to feel alone. We are available on weekends, late evenings, and for short-notice appointments and provide timely updates about any developments in your sexual assault charge.

Flat rate fees and flexible payment plans

We offer transparent and affordable flat rate fees, with no hidden costs, and flexible payment plans tailored to each client's unique financial situation.