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| Type of Sexual Assault Charge | Minimum Sentence (First Offense) | Minimum Sentence (Subsequent Offenses) |
| Sexual assault causing bodily harm without a firearm | None | 14 years |
| Sexual assault with a restricted or prohibited firearm | 5 years | 7 years |
| Sexual assault causing bodily harm with possession of other firearm | 4 years | 14 years |
| Aggravated sexual assault without a firearm | None | Imprisonment for life |
| Aggravated sexual assault with a firearm | 5 years | Imprisonment for life |
| Aggravated sexual assault possession of other firearm | 4 years | Imprisonment for life |
If you’re found guilty of sexual assault charges in the Toronto area, your life could change forever.
Criminal Code sexual assault offence penalties are severe, often resulting in lengthy imprisonment. Even a summary conviction can lead to a criminal record and mandatory placement on the Ontario Sex Offenders Registry.
If you’ve been charged with a sexual assault in Ontario, the sooner you engage an experienced criminal defence lawyer, the sooner you can begin mounting an effective defence to secure the best outcome possible. A skilled sexual assault defence lawyer at Mass Tsang stands ready to help any person accused of sex crimes in the GTA.
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:
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.
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.
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.
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.
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.
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.
We offer transparent and affordable flat rate fees, with no hidden costs, and flexible payment plans tailored to each client's unique financial situation.
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:
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
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.
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.
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.
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.
Speak to a Mass Tsang sexual assault lawyer today to mount the best defence possible and protect your future.
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.
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.
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.
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.
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.
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.
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.
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 Assaults Based on Perpetrator and Victim Relationship
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.
Kirn was born and raised in Toronto, Ontario. He graduated with his Bachelors of Arts majoring in Philosophy at McMaster University, and went on to pursue law, graduating from University of Leicester Faculty of Law.
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.
Born and raised in Toronto, Ontario, Alexa Cohen is an Articling Student at Mass Tsang LLP. Alexa's passion for criminal law is longstanding. Alexa chose an undergraduate degree in Criminology, with the intention of practicing criminal law for her future career endeavours.
William Fletcher is a Paralegal at Mass Tsang LLP with a focus on traffic law. He is a proactive, outgoing, and meticulous paralegal, and a fierce advocate for his clients. He is a graduate of Seneca’s accelerated paralegal program, working with the firm initially as a paralegal student and transitioning seamlessly to a full-service paralegal in 2021.
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.
