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A sexual assault conviction can have life-altering consequences, including imprisonment, mandatory registration as a sex offender, and a permanent criminal record in Canada. Even a first offence can impact your employment, reputation, and personal life.
Early legal representation is essential. The criminal defence lawyers at Mass Tsang in Newmarket are ready to help you build a strong defence and achieve the best possible outcome.
Jeff Mass was born and raised in Montreal, Quebec. Coming from a family of judges and lawyers it was only a natural fit that his chosen profession was the practice of law.
Robbie was born and raised in Toronto, Ontario. In 2000 he graduated from the University of Toronto with a Bachelor of Science while studying human biology and actuarial science.
Heather Spence graduated from Wilfrid Laurier University in 2006 with an Honours Political Science degree and a Business Administration minor. Heather graduated Osgoode Hall Law School where she received a Juris Doctor in Law.
Brian Brody was born and raised in Chicago, Illinois and has always been interested in social equality. Coming from a family of lawyers it was easy for him to choose the practice of law.
Alexei Zaitsev earned his law degree at the University of Windsor, with a heavy focus on criminal law. In his position with Mass Tsang LLP, Alexei practices exclusively in the area of criminal and quasi-criminal defence, as well as defending dog owners charged with offences under
Evan Sinclair studied law at the University of Windsor and the University of Detroit Mercy, receiving American and Canadian law degrees. Evan’s passion for criminal law was solidified after spending a semester as a student attorney working for the Detroit Mercy Criminal Legal Clinic.
Ruaridh McCartney is an Associate at Mass Tsang LLP. Ruaridh graduated from the University of Western Ontario in 2019 (Honours BA with a Specialization in Political Science). From 2019-2021 he attended the University of Southampton in the United Kingdom and graduated Juris Doctor in law in 2021.
Sehar Qureshi is an Associate at Mass Tsang LLP. Born and raised in Scarborough, she graduated from the University of Toronto (Scarborough) in 2017, with an Honours Bachelor of Science in Neuroscience and Psychology. She then attended the University of Windsor where she received a Juris Doctor in Law in 2022.
Stephanie was born in Hong Kong. She graduated from University of Toronto with an Honours Bachelor of Arts Degree majoring in Sociology and Book & Media Studies. In addition to her years of experience in operations management, legal administration, and customer service, she is also a certified interpreter for Cantonese and is fluent in Mandarin as well.
Lydia was born and raised in Toronto, Ontario. She graduated from the University of Toronto in 2017 with a Bachelor of Arts in political science, English, and history. Lydia has been working at Mass Tsang since 2018.
Over 1,000 cases dismissed or charges reduced across Ontario, leaving clients with a clean record.
We focus exclusively on criminal defence, ensuring expert representation in sexual assault cases.
Our team of six lawyers provides strategic, tailored defence based on years of courtroom experience.
Evenings, weekends, and short-notice appointments are available to support you throughout your case.
Transparent pricing with no hidden costs and flexible payment options to accommodate your financial situation.
Proven track record in successfully defending sexual assault cases in Ontario.
Average timeline from charge to trial, depending on case complexity and court schedules.
Consistently high client satisfaction, reflecting our dedication and professionalism.
All discussions and case details are secure, anonymous, and handled with the utmost discretion.
Read on to understand how Ontario courts handle sexual assault cases, the potential penalties involved, and how your Mass Tsang lawyer can work to protect your rights and reputation.
Sexual assault in Canada includes any non-consensual sexual activity or attempt to violate another person’s sexual integrity. Three conditions must exist:
Force may include physical, psychological, or implied coercion. Any unwanted touching or threat can qualify as force.
The assault occurs in a sexual context, taking into account circumstances, actions, spoken words, and intent.
Consent must be freely given and capable of being provided. It cannot exist if the person is intoxicated, underage, disabled, or in a relationship of power or trust.
| Type of Sexual Assault Charge | Minimum Sentence (First Offence) | Minimum Sentence (Subsequent Offences) | Maximum Sentence |
| Sexual assault (level 1) | None | None | 10 years |
| Sexual assault causing bodily harm | None | 14 years | 14 years |
| Sexual assault with a firearm | 5 years | 7 years | Life imprisonment |
| Sexual assault causing bodily harm with possession of a firearm | 4 years | 14 years | Life imprisonment |
| Sexual assault with a restricted or prohibited firearm | 5 years | 7 years | Life imprisonment |
| Aggravated sexual assault (level 3) | 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 |
| Sexual assault without bodily harm | None | None | 10 years |
| Sexual assault of a minor under 16 | None | None | 14 years |
| Sexual interference (touching or sexual activity with a minor) | None | None | 14 years |
| Invitation to sexual touching (with minor under 16) | None | None | 10 years |
| Sexual exploitation (with person in position of trust, authority, or dependency) | None | None | 14 years |
This level applies to sexual activity without consent or cases where the victim suffers minor physical harm.
It typically includes unwanted touching, groping, or other non-consensual sexual contact. Even if there is no visible injury, the law recognizes the violation of sexual integrity as a serious offence.
Level 2 covers sexual assault cases involving the use or threat of a weapon, causing bodily harm, or participation of multiple offenders.
This can include assaults where the victim is physically harmed, intimidated with a weapon, or when coercion is applied. The severity of the act and its impact on the victim are considered in sentencing.
Level 3, also known as aggravated sexual assault, involves serious bodily harm, maiming, disfigurement, or endangerment of the victim’s life.
These cases represent the most severe sexual offences and carry the highest penalties, reflecting the profound physical and psychological trauma inflicted on the victim.
The details of each case vary. We assess the context carefully to craft the strongest defence.
Evidence is gathered to show the accused was not present or could not have committed the act.
We challenge whether the accuser can correctly identify the perpetrator, including forensic evidence.
The burden of proof is on the accuser. We seek evidence to dispute allegations of sexual activity.
We present evidence to prove that sexual activity, if it occurred, was consensual.
We argue the accused reasonably believed consent was given, within the limits of the law.
We challenge breaches of legal rights during arrest, questioning, or evidence collection.
If convicted, we work for favourable sentencing or appeal options, including removal from the sex offender registry.
All discussions, case details, and personal information remain strictly confidential. Your privacy and dignity are our top priorities.
If you’ve been charged with sexual assault, contact a criminal defence lawyer immediately. Do not speak to the police without legal representation. Document everything related to the incident and avoid discussing the case with friends, family, or on social media. Early legal intervention significantly increases your chances of a favourable outcome.
It is possible in some cases, especially for first-time offenders, minor assaults, or where mitigating circumstances exist. A skilled lawyer may negotiate a less severe sentence such as probation, conditional discharge, or community service. However, aggravated assaults almost always carry custodial sentences.
Yes, a conviction generally results in a permanent criminal record. This can affect employment, travel, and professional licensing. In certain minor cases, your lawyer may negotiate a conditional discharge, but this is uncommon for sexual assault offences.
Cases vary based on complexity, court schedules, and investigation time. On average in Ontario, cases take 12–24 months from charge to resolution, though more complex cases may take longer. Your lawyer will guide you on timelines specific to your situation.
Charges can sometimes be withdrawn or stayed if the evidence is weak or unreliable. Your lawyer can negotiate with the Crown prosecutor or present legal arguments to have the case dismissed. However, this is not guaranteed and depends on the facts of the case.
Penalties depend on the severity of the assault and the circumstances. They range from conditional sentences or probation for minor cases, up to life imprisonment for aggravated sexual assault. Additional consequences include a permanent criminal record and mandatory registration on the National Sex Offender Registry.
A criminal defence lawyer can:
Absolutely. A criminal defence lawyer can challenge the credibility of the allegations by:
Look for a lawyer who:
