Sexual Assault Lawyers Toronto
Pyzer Criminal Lawyers are a trusted Toronto criminal law firm. If you’re looking for a criminal lawyer in Toronto, speak to us first. Our experience, preparation, and determination have resulted in the acquittal of hundreds of clients, allowing them to overcome their cases without a criminal record. We leave no stone unturned to make sure you are not convicted in a court of law. Our Criminal Law Practice Areas Include: Bail, Assault, Domestic Assault, Sexual Assault, Drug Offences, Fraud, Theft, DUI, Robbery, Murder, and more. We serve the Greater Toronto Area including Brampton, Mississauga, Newmarket, Scarborough, and surrounding areas. Call us today at (416) 658-1818 for a free case evaluation by an experienced criminal law firm.
What Is Sexual Assault?
Any sexual activity that is non-consensual is considered a sexual assault according to the Criminal Code:
kissing
sexual touching or grabbing
sex
Fondling
Sexual assault also includes touching sexual organs. This includes a range of behaviours from touching of breasts over clothing to more serious offences like rape. The question of consent is often a crucial legal issue in cases of sexual assault. Did the complainant consent to the nature and quality of the sexual act?
What is the Legal Age of Consent?
It is not legally permissible for an individual who is below the age of sixteen to give consent for sexual activity with another individual who is five or more years older than them. Similarly, a person who is below the age of fourteen cannot consent to sexual activity with another person who is two or more years older than them, according to the law.
In any case, a person in authority cannot use consent as a defence for having sexual activity with a person under the age of sixteen.
They also cannot use the defence that they believed the complainant was of legal age to consent to sexual activity. To use the defence of consent from a young person, the accused must prove that they took all reasonable steps to determine the complainant's age, such as checking their identification or asking their age directly.
What is Sexual Interference?
The criminal offence of sexual interference pertains to any touching of any body part of a minor with the intent to engage in sexual activity. For a conviction to take place, the prosecution must demonstrate that the touching was deliberate and sexually motivated.
Sexual Interference is considered a hybrid offence, which means that it can be prosecuted either as a summary conviction offence or an indictable offence, depending on the circumstances of the case. If the case proceeds by summary conviction, the minimum sentence is imprisonment for 90 days, while if the case proceeds by indictment, the minimum sentence is imprisonment for 1 year. The maximum sentence for Sexual Interference is imprisonment for 14 years.
What is an Invitation to Sexual Touching?
Invitation to sexual touching involves inviting, counselling or inciting a young person to touch the body of any person for a sexual purpose. To prove that the accused is guilty, the Crown must prove that the invitation, counselling or incitement was intentional and sexual.
The minimum sentence for Invitation to Sexual Touching is imprisonment for 90 days if the case proceeds by summary conviction, or imprisonment for 1 year if the case proceeds by indictment. The maximum sentence is imprisonment for 14 years.
Special Considerations for Sexual Offences
The Sex Offender Information Registration Act (SOIRA) requires individuals found guilty of a sexual offence to be registered on both the federal National Sex Offender Registry (NSOR) and the provincial registry in which they reside. This registration requirement is a lifelong obligation for those convicted of certain sexual offences, and failure to comply with these obligations can result in additional charges and penalties.
Access to the National Sex Offender Registry (NSOR) and provincial registries is not limited to the police, as certain organisations and individuals can access the information in limited circumstances, such as employers who work with vulnerable populations. The registries contain personal information such as your name, address, photographs, and a description of the crime you were found guilty of.
As a registered offender, you are required by law to report any change of address or other relevant information to keep the registry up to date. Failure to comply with these requirements may result in fines or imprisonment.
In addition to being registered on the National Sex Offender Registry, a court may also impose a prohibition order on a person convicted of a sexual offence. A prohibition order prohibits the person from being in contact with individuals under the age of 16.
Whether or not a prohibition order is imposed is at the discretion of the judge, and the duration of the order can vary from a short period to the remainder of the offender's life. Violating a prohibition order can result in serious consequences, including fines and imprisonment.
How Do You Fight a Sexual Assault Charge?
Pyzer Criminal Lawyers employ criminal defence lawyers who use their experience and expertise to construct a defence tailored to effectively defend against specific allegations of sexual assault.
While intoxication cannot be used as a defence in cases of sexual assault, we recognize that situations involving sexual consent can become complicated, particularly when alcohol or drugs are involved. Often, sexual acts take place in private and without any witnesses.
In a sexual assault case, if the defence can prove that the accused had a reasonable belief, even if mistaken, that the accuser had given consent to the sexual activity, then the accused may not be held criminally responsible for the offence of sexual assault.
The identity of the accused can be another potential defence in sexual assault cases. When the defence raises an issue related to identity, the lack of forensic evidence such as DNA from seminal fluids may create a reasonable doubt about the identity of the perpetrator.
Charged with Sexual Assault?
If you have been charged with sexual assault, it's crucial to seek legal advice from an experienced sexual assault lawyer, as it is a significant and severe allegation.
Pyzer Criminal Lawyers has utilized various defences, including those mentioned above, to effectively contest and defend against accusations of sexual assault, leading to the dismissal or acquittal of charges in numerous cases.
Get a Free Case Evaluation
At Pyzer Criminal Lawyers, we provide a complimentary case evaluation to our clients, which allows us to discuss your case and figure out the best way to approach it. During the evaluation, we will clarify the charges against you, inform you of the potential outcomes, and advise you on what steps you should take next.
Pyzer Criminal Lawyers
1396 Eglinton Ave W #100, Toronto, ON
M6C 2E4
Canada
https://www.torontodefencelawyers.com/
contact@torontodefencelawyers.com
416-658-1818
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CONTACT US TODAY!
416-658-1818
Pyzer Criminal Lawyers
1396 Eglinton Ave W #100, Toronto, ON
https://www.torontodefencelawyers.com/
contact@torontodefencelawyers.com