What Sexual Offences Charges Mean in Ontario
Sexual offences are among the most stigmatizing criminal charges. The Crown prosecutes these cases vigorously, and they require a careful, thorough defence. Common charges include:
- Sexual Assault (s. 271) - Non-consensual sexual touching
- Sexual Assault Causing Bodily Harm (s. 272) - Sexual assault with injuries
- Aggravated Sexual Assault (s. 273) - Sexual assault that wounds, maims, or endangers life
- Sexual Interference (s. 151) - Sexual touching of a person under 16
- Invitation to Sexual Touching (s. 152) - Inviting a young person to touch
These cases often involve complex issues of consent, credibility, and digital evidence.
Potential Penalties & Consequences
Sexual Assault (s. 271):
- Summary: Up to 2 years less a day
- Indictable: Up to 10 years
Sexual Assault Causing Bodily Harm (s. 272):
- Up to 14 years imprisonment
- Mandatory minimum 5 years if firearm used
Aggravated Sexual Assault (s. 273):
- Up to life imprisonment
- Mandatory minimum 5 years if firearm used
All convictions require:
- Sex Offender Registry (SOIRA)
- DNA order
- Potential Section 161 orders (restrictions regarding children)
How We Defend Sexual Offences Cases
What Happens After an Arrest
Sexual assault investigations and prosecutions involve:
- Investigation: Often begins with a complainant statement, sometimes weeks or months before charges
- Disclosure: Includes complainant statements, text messages, social media, and any forensic evidence
- s. 276 Applications: Prior sexual history of the complainant is generally inadmissible, with limited exceptions
- s. 278 Applications: Access to third-party records (therapy records, etc.) is restricted
- Publication Bans: Often in place protecting identity of complainants
Privacy: We handle these cases with complete discretion. Your identity and details are protected.
Frequently Asked Questions
How is consent determined in sexual assault cases?
The law requires affirmative, ongoing consent. Consent cannot be given if unconscious, intoxicated to incapacity, or given by someone in a position of trust/authority. Mistaken belief in consent is only a defence if the accused took reasonable steps to ascertain consent.
Can I be convicted based only on the complainant's testimony?
Yes, technically. However, courts carefully assess credibility and reliability. Inconsistencies, motive to fabricate, and corroborating (or contradicting) evidence all matter. Effective cross-examination and thorough investigation are crucial.
What is a publication ban?
Publication bans prohibit identifying the complainant or witness. Violating a ban is a criminal offence. The ban typically protects the complainant's identity but your identity may also be protected in certain circumstances before conviction.
Will I have to register as a sex offender?
Upon conviction for designated sexual offences, registration under SOIRA is mandatory. The registration period ranges from 10 years to life depending on the offence. Avoiding conviction is the only way to avoid registration.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.