Sexual Assault Lawyer Toronto

seprator-white

Facing Sexual Assault Charges? We're here to help.
Check our recent successful sexual assault defence cases:

seprator-white

R. V. A.S. (TORONTO)

  • Allegations: A.S. was charged with sexual assault after meeting the complainant at the party.
  • Defence Strategy: Cross-examine the complainant to establish that what she had alleged was not credible. Point to differences between trial testimony and what was alleged in the police statement. A.S. denied any inappropriate conduct. Defence counsel submits A.S. is telling the truth, and the complainant could not be believed.
  • Result: The client was found not guilty of all charges after trial.

R. V. D.H. (OSHAWA)

  • Allegations: D.H. was charged with sexual assault.
  • Defence Strategy: During the preliminary hearing, establish inconsistencies in the complainant’s version of events that undermined the credibility.
  • Result: All charges were dropped at the conclusion of the preliminary hearing.

R. V. A.P. (TORONTO)

  • Allegations: A.P. was charged with sexual assault and forcible confinement.
  • Defence Strategy: Establish inconsistencies in the complainant’s version of events at the preliminary hearing that undermined credibility and reliability.
  • Result: All charges withdrawn by the Crown.

R. V. D.S. (TORONTO)

  • Allegations: D.S. was charged with sexual assault on a customer at work.
  • Defence Strategy: Secure withdrawal of charges before trial. Provide Crown with information confirming client is professional, a family man, and of good character. Show complainant had the motive to make a false allegation.
  • Result: All charges withdrawn before trial.

R. V. D.W. (MILTON)

  • Allegations: D.W. charged with human trafficking.
  • Defence Strategy: At the preliminary hearing, point to evidence that undermines the complainant’s credibility and reliability.
  • Result: All charges withdrawn by the Crown before trial.

R. V. Z.E. (TORONTO)

  • Allegations: Z.E. was accused of sexual assault at a party.
  • Defence Strategy: Jury trial. Cross-examination of the complainant at trial exposes the inherent unreliability of her accusation—no need for the client to testify.
  • Result: The client was found not guilty by a jury of all charges.
main-image

Defending Your Rights

Sexual assault is a serious criminal offence in Canada that can have devastating consequences for the accused. If you are facing sexual assault charges, you need to know your rights and options.

At Fedorowicz Criminal Law, Richard Fedorowicz has over 20 years of experience in defending clients accused of sexual assault and other sexual offences. Richard will fight for your best interests and protect your reputation.

What Is Sexual Assault And Sexual Abuse In Canada?

According to the Criminal Code of Canada, sexual assault is any unwanted sexual act done by one person to another or sexual activity without one’s person’s consent or voluntary agreement. Sexual assault can include touching, kissing, groping, penetration, or any other form of sexual contact.

Sexual abuse is a broader term that can encompass any form of physical, emotional, or psychological harm caused by sexual behaviour.

The Consequences Of Sexual Assault Charges

The Criminal Code of Canada divides sexual assault into three categories:

  1. Basic Sexual Assault: The maximum penalty is 10 years in prison or 18 months if the victim is under 16 years old.
  2. Sexual Assault with a Weapon or Threats of Violence: The maximum punishment is 14 years in prison or 2 years less a day if the victim is under 16 years old.
  3. Aggravated Sexual Assault: Involves the victim getting injured or disfigured and can result in a life sentence in prison.

In addition to the criminal penalties, a person convicted of sexual assault may face other consequences, such as:

  • A criminal record that can affect their employment, education, travel, and immigration opportunities
  • A mandatory DNA sample that will be stored in a national database
  • A mandatory sex offender registration that will require them to report their personal information and whereabouts to the police
  • A mandatory order to stay away from the victim and any other conditions imposed by the court
  • A civil lawsuit from the victim that can result in financial compensation for damages
  • A social stigma and loss of reputation that can affect their personal and professional relationships

Potential Defences Against Sexual Assault Charges

Every case of sexual assault is unique and requires a thorough analysis of the facts and evidence. Depending on the circumstances, there may be different defences available that a sexual assault lawyer can use to challenge the allegations.

Some common defences against sexual assault charges include:

Consent

Consent is the voluntary agreement to engage in sexual activity. It can be expressed verbally or non-verbally through actions or gestures. If the accused can prove that they had a reasonable belief that the complainant consented to the sexual activity, they may have a defence against the charge.

Mistaken Identity

Mistaken identity occurs when the accused is wrongly identified as the perpetrator of the sexual assault. This can happen due to poor lighting, faulty memory, suggestive questioning, or bias. If the accused can provide an alibi or other evidence that shows they were not at the scene of the crime or that they do not match the description of the assailant, they may have a defence against the charge.

False Accusation

False accusation occurs when the complainant deliberately makes up or exaggerates a claim of sexual assault for various reasons. These reasons may include revenge, jealousy, anger, guilt, regret, attention-seeking, or mental illness.

If the accused, with the help of an experienced sexual assault lawyer, can show that there are inconsistencies, contradictions, or ulterior motives in the complainant’s story or that there is no physical or forensic evidence to support their claim, they may have a defence against the charge.

The Importance Of Hiring An Experienced Sexual Assault Lawyer

Sexual assault charges are complex and serious. They can have lasting impacts on your life and liberty. If you are facing sexual assault charges, you need to hire an experienced sexual assault lawyer who can:

  • Explain your rights and options in clear and simple terms
  • Review your case and identify any weaknesses or errors in the prosecution’s evidence
  • Negotiate with the Crown prosecutor to reduce or withdraw your charges if possible
  • Prepare a strong defence strategy based on your specific situation and goals
  • Represent you in court and advocate for your best interests
  • Protect your reputation and privacy throughout the process

How Can Richard Fedorowicz Help?

Richard Fedorowicz understands how stressful and overwhelming it can be to face sexual assault charges. Richard has the knowledge, skills, and resources to defend you against any type of sexual offence. He will work with you to understand your case and tailor a defence that suits your needs. He will fight for your rights and freedom with professionalism and compassion.

Need A Strong Criminal Defence Lawyer? Get In Touch With Fedorowicz Criminal Law Today

Richard is dedicated to protecting your rights and fighting for your freedom. Fedorowicz Criminal Law has a proven track record of success in handling a wide range of criminal charges and providing the best criminal defence legal services.

Contact Us

Get A Free Consultation

Contact Richard Fedrowicz today to schedule a confidential consultation for free.

Call Now:
249-266-4222

    Recent Blogs

    seprator-black

    January 27, 2025

    Cannabis Legalization in Canada The legalization of cannabis became a reality in 2018. First, with the removal of cannabis as a scheduled substance from the Criminal Code, then with the passing of the federal Cannabis Act, landmark legislation that established a nationwide framework for the regulation of cannabis cultivation, distribution, sale, and possession. While the… Continue reading Cannabis Control Act – Explained

    Read More

    December 19, 2024

    Securing bail during weekends or emergency situations presents unique challenges that differ significantly from standard court proceedings. With time sensitivity and heightened legal complexity, these scenarios require swift and strategic action to protect your rights without undue delays. Facing criminal charges can put tremendous stress on the accused and their families, making the need for… Continue reading Role of a Bail Lawyer During Weekend or Emergency Bail Hearings

    Read More

    November 27, 2024

    Bail hearings for repeat offenders present unique legal challenges. In Canada, the court system weighs the presumption of innocence against public safety concerns, and the stakes are often higher for repeat offenders. In this blog, we will guide you through the legal complexities of bail hearings for individuals with prior convictions, covering which factors courts… Continue reading Bail Hearings for Repeat Offenders: What to Expect?

    Read More