24/7 FREE
CONSULTATION

Sexual Assault Defence Lawyers in Toronto

Get your life back and end this nightmare.

Featured In:
toronto-star
postmedia
experienced-lawyers
top-lawyers (2)
best-lawyers
three-best-rated

Sexual assault charges

Type of Sexual Assault Charge Minimum Sentence (First Offence) Minimum Sentence (Subsequent Offences)
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

A Sexual assault conviction
can impact the rest of your 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.

Members of:
criminal-lawyers-association
accredited-business
Ontario-DUI-lawyers
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.

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

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.

1,200 +

won cases

91 %

success rate

20+ 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)

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.

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.

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

Clients Testimonials

What are the common defences against
sexual assault charges?

01

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.
Our Team

Defending sexual assault charges success stories

Get a FREE case assessment now
to understand your options

Your information is 100% confidential

5075 Yonge Street, Suite 501 Toronto, Ontario, M2N 6C6
416-781-1148

Monday–Thursday:
9 am – 6 pm
Friday:
9 am – 5 pm
Sunday:
10 am – 3 pm
Latest Sexual Assault Articles
More Sexual Assault Related Articles