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Toronto Sexual Assault Lawyer

Defending Sexual Assault Charges In Ontario

Sexual assault allegations can be damaging to a person’s reputation. If you are facing sexual assault charges in Ontario, it is essential to understand the possible consequences and how to defend yourself. A criminal defense lawyer can provide guidance and help you build a strong case. With the right legal representation, you can best protect your rights and avoid a conviction.

In Canada, the definition of sexual assault is set out in the Criminal Code. Sexual assault is defined as any intentional sexual contact that occurs without the other person’s consent. This can include unwanted touching, kissing, or penetration. The maximum punishment for sexual assault is ten years in prison. However, the sentence will depend on various factors, such as the severity of the assault, the victim’s age, and whether a weapon was used. 

Defending Sexual Assault Charges In Ontario

If you are convicted of sexual assault, you will also be required to register as a sex offender. This means that your name and photograph will be added to a public registry that anyone can access.

There are several ways to defend against sexual assault charges. The most common is to argue that there was no assault or that any sexual activity was consensual. Witnesses, text messages, and other forms of evidence may be used to show that the activity was consensual. Another defense argues that the accused did not have the required intent to commit sexual assault. 

It is important to remember that each case is unique, and there is no one-size-fits-all defense to sexual assault charges. An experienced criminal defense lawyer like Richard Fedorowicz can review the facts of your case and help you develop the best possible defense. If you find yourself facing sexual assault charges, do not hesitate to contact Fedorowicz Law Firm.

The Trouble With Allegations Of Sexual Assault

The Trouble With Allegations Of Sexual Assault

Put simply an allegation can of sexual assault can be devastating.  With the proliferation of social media and no “right to forget” law in Canada in respect to internet searches, the mere allegation of sexual assault can destroy ones reputation, impacting your family, social connection and employment.

  • Proving innocence – In some cases, the accused may find it difficult to prove their innocence, as there may be little evidence to support their claim. This can be compounded by the fact that the allegation is often a ‘he said/she said situation, and there are rarely any witnesses.
  • Maintaining privacy – The accused may also find it difficult to maintain privacy during the trial, as details of the case are likely to be made public. This can lead to negative publicity and social stigma.
  • Receiving a fair trial — In some cases, the accused may feel that they are not receiving a fair trial, as the emotional nature of the case may sway the jury. This can be difficult to overcome, but it is important to remember that everyone is innocent until proven guilty.

A sexual assault lawyer like Richard Fedorowicz handles cases that involve allegations of sexual assault. This can include charges of sexual assault, invitation to sexual touching, and harassment. Richard will work to build a case for you, represent you in court, and ensure that your rights are protected. This may involve working with evidence and witnesses, arguing motions, and participating in negotiations with the prosecution. 

What To Do If Youve Been Charged With Sexual Assault In Ontario

What To Do If You’ve Been Charged With Sexual Assault In Ontario

If you have been charged with sexual assault in Ontario, it is crucial to seek legal assistance as soon as possible. Depending on the severity of the charge, you may be facing a prison sentence if convicted. An experienced sexual assault lawyer can always advise you of your rights and help you navigate the criminal justice system. 

It is important to keep in mind that if you are facing a sexual assault charge, you are presumed innocent until proven guilty. This means that the burden of proof is on the with the prosecution to prove the charge beyond reasonable doubt. With a a skilled sexual assault lawyer on your side, advocating for your rights, it may be possible to have the charges against you dropped altogether. 

At Fedorowicz Law Firm, we will help you navigate the what court system.  If your case goes to trial, he will present your defense and cross-examine the Crown’s witnesses. He will also work to discredit the complainant’s testimony, if possible. 

Experienced Toronto Sexual Assault Lawyer

If you face sexual assault charges, it’s important to contact an experienced Toronto sexual assault lawyer as soon as possible. Richard Fedorowicz has over 21 years of experience defending clients against all types of criminal charges, and he’s well aware of what it takes to get the best results in court. Contact us today for a free consultation to learn how we can help you fight your charges and protect your future.

 

The Sex Offender Information Registration Act

Anyone who is found guilty of a sexual offense is required to register in the Sex Offenders Information Registry Act. Aside from being mandatory, the offender’s records can also last for a lifetime.

 

  • What is SOIRA?

The Sex Offender Information Registration Act requires convicted sex offenders to provide certain personal information to law enforcement. The aim of the registry is to allow community members to take measures to protect themselves and their families from sex offenders who may pose a danger. It also provides law enforcement officials to track registered sex offenders and ensure that they live according to their parole or probation conditions.

 

  • What information must I supply to SOIRA?

The registration process typically involves providing the offender’s name, date of birth, address, aliases, employer, and photographs. In some cases, offenders must also provide their social security number and/or Vehicle Identification Number (VIN).

 

  • How Often Do I Have To Report To SOIRA?

The period between reports will vary depending on your circumstances and the nature of your offense. You should report to SOIRA whenever there is a change in your information or situation that could affect your registration status. For example, you would need to report any changes in address, employment, or criminal history.

 

  • Can I obtain a copy of my SOIRA file?

Yes, you can obtain a copy of your SOIRA file quite quickly. All you need to do is submit a request through the formal channels with the Correctional Service of Canada (CSC). You will be required to fill out a few forms and provide some personal information, but once your request is processed, you should receive your file within a few weeks.

 

Section 161 Prohibition Orders

Convicted criminals who have committed crimes against complainants under the age of 16 must abide by the s.161 order and the SOIRA, probation, and other orders made by the court.

 

  • What is an s.161 order?

A section 161 prohibition order is a legal order made by a magistrate prohibiting an individual from doing anything described in the order. The order is usually caused when the individual has been convicted of a criminal offense, and the court is satisfied that it is necessary to make the order to protect the public.

A section 161 prohibition order can prohibit the types of things that include associating with any particular person or group of people and contacting specific individuals. It also includes going to certain places, being in any specified area, or engaging in certain activities where people under the age of 16 are expected to be present.

 

  • How Long Does A S.161 Order Last?

An s.161 order will last as long as the court deems necessary. Generally, this will be until the child turns 18 years old, but it may be extended to 21 years old in some cases. In rare cases, the order may be made indefinitely.

 

  • Can I Vary A S.161 Order?

Yes, it is possible to vary an s.161 order. However, you will need to obtain permission from the court that issued the original order before Doing so. To increase your chances of success, it is advisable to enlist the help of a lawyer who is familiar with this process and who can accurately explain your reasons for wanting to make the changes.

 

  • Penalties For Failing To Comply With S.161 Order

Failing to comply with a s.161 order can result in a prison sentence of up to two years, as well as a fine.

 

Sexual Assault FAQs

Sexual Assault FAQs

 

  •         What is a sexual assault?

A sexual assault is an illegal sexual act that occurs when someone forces or coerces another person into sexual activity without their consent. Sexual assault can take many forms, including rape, unwanted sexual touching, and child molestation. Sexual assault is a serious crime, and survivors of sexual assault often suffer from physical and psychological trauma.

 

  •   What are the legal elements of sexual assault?

In Canada, sexual assault is defined as an act of forced or unwanted sexual contact. There are four key elements to the crime of sexual assault:

 

  1.       Intentional application of force

Sexual assault can take many forms, but one common element is the intentional application of force. This can happen through physical means, such as hitting or choking, or psychological manipulation and intimidation. It’s important to remember that sexual assault is not necessarily about sex but power and control. Anyone can be a victim of sexual assault, regardless of their gender, age, or appearance.

 

  1. Absence of consent

The absence of consent means that the person did not agree to have sex or other sexual activity. Legally, consent is defined as a “free and voluntary agreement to engage in sexual activity.” It must be given knowingly, willingly, and voluntarily for consent to be valid. This means that both parties must be aware of what they agree to and must agree to participate without any coercion or threats. Consent cannot be given if a person is incapacitated due to drugs or alcohol or if they’re underage.

 

  1. Knowledge that there was no consent

To establish that someone committed sexual assault, prosecutors must typically show that the accused had knowledge that there was no consent. This can be proven in a number of ways, including through direct evidence (such as testimony from the victim or witnesses) or circumstantial evidence (showing, for example, that the accused had opportunity to observe nonverbal cues indicating lack of consent)

 

  1. Sexual” nature of the force

The term “sexual” is used in the law to describe any action or conduct motivated by a sexual desire or intent. So, any use of force intended to gratify or satisfy a person’s sexual desires can be considered sexual assault.

For example, forcing someone to kiss you against their will, touching them in a sexually suggestive way, or exposing yourself to them against their will can all be considered sexual assault. These types of actions are physically harmful, but they can also be highly psychologically damaging and can leave lasting scars on the victim’s mind.

Get In Touch With Fedorowicz Law for Legal representation on various kinds of Sexual Assualt Cases. His experience can help you protect and fight for your right in accordance with Canadian Law.

 

Sexual Assault Case Successes

  • R. v. D.H. (Oshawa)
    • Allegations: D.H. charged with sexual assault.
    • Defence Strategy: During preliminary hearing establish inconsistencies in complainant’s version of events that undermined credibility
    • Result: All charges dropped at conclusion of preliminary hearing.
  • R. v. A.P. (Toronto)
    • Allegations: A.P. charged with sexual assault and forcible confinement.
    • Defence Strategy: Establish inconsistencies in complainant’s version of events at preliminary hearing that undermined credibility and reliability.
    • Result: All charges withdrawn by Crown.
  • R. v. A.S. (Toronto)
    • Allegations: A.S. charged with sexual assault after meeting complainant at party.
    • Defence Strategy: Cross-examine complainant to establish that what she had alleged was not credible. Point to differences between trial testimony and what was alleged in 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: Client found not guilty of all charges after trial.
  • R. v. D.S. (Toronto)
    • Allegations: D.S. charged with sexual assault of customer at place of work.
    • Defence Strategy: Secure withdrawal of charges before trial. Provide Crown with information confirming client is professional, family man, of good character. Show complainant had motive to make false allegation.
    • Result: All charges withdrawn before trial.
  • R. v. D.W. (Milton)
    • Allegations: D.W. charged with human trafficking.
    • Defence Strategy: At preliminary hearing point to evidence that undermines complainant’s credibility and reliably.
    • Result: All charges withdrawn by Crown prior to trial.
  • R. v. Z.E.: (Toronto)
    • Allegations: Z.E. accused of sexual assault at party.
    • Defence Strategy: Jury trial. Cross-examination of complainant at trial exposes inherent unreliability of her accusation. No need for client to testify.
    • Result: Client found not guilty by jury of all charges.

FAQ

What is the definition of sexual assault?

Sexual assault is any kind of sexual activity that you do not want to happen. This can include unwanted touching, rape, or anything else that makes you feel uncomfortable. Sexual assault happens to both men and women.

When is an assault “sexual in nature”?

An assault is considered to be sexual in nature if the perpetrator uses physical contact or threats of physical contact to obtain sexual gratification or to force the victim to participate in a sexual act.

Should I speak with the police about an alleged sexual assault?

The short answer is yes, you should definitely speak with the police about any alleged sexual assault. Sexual assault is a serious crime, and it’s important to get law enforcement involved as soon as possible. The police can investigate the matter, collect evidence, and potentially apprehend the perpetrator.

What is the Criminal Code of Canada’s definition of sexual assault?

The Criminal Code of Canada defines sexual assault as any unwanted sexual contact. This can include touching a sexual nature, fondling, kissing, or penetration of the victim’s body, including the mouth, genitals, or anus. It also includes situations where the victim is forced to perform sexual acts against their will. Sexual assault is a serious crime that can have lasting effects on the victim.

What is the age of consent in Canada?

The age of consent in Canada is 16 years. Sexual activity with someone under the age of 16 is considered to be sexual assault.

What must the prosecutor prove in a sexual assault case?

To prove that an individual committed a sexual assault, the prosecutor must show that the defendant engaged in sexual contact with the complainant without their consent. This typically involves establishing that the defendant knew or should have known that the complainant did not want to engage in sexual contact. The prosecutor may also establish that the defendant used force or threats to compel the complainant into sexual contact.

Was there consent?

In any sexual assault case, the role of consent is critical. Consent is defined as a voluntary agreement to engage in sexual activity. To provide consent, a person must be of legal age, mentally competent, and able to freely agree to participate in sexual activity. It’s important to remember that consent can be withdrawn at any time and that silence does not equal consent. It’s also important to know that alcohol or drugs can impair someone’s ability to give consent.

When will there be a lack of consent for sexual activity?

If the victim is under the age of consent, is intoxicated, or is otherwise unable to give consent (due to mental illness or disability, for instance), then lack of consent may be said to exist. In addition, if the victim resists or verbally objects to the sexual activity but is overpowered by the assailant, that may also be considered a lack of consent.

Can someone have a mistaken belief in consent for sexual activity?

It’s certainly possible for someone to have a mistaken belief in consent for sexual activity. For example, if someone is intoxicated or under the influence of drugs, they may not be able to consent to sex properly. In addition, if someone is coercion or forced into sexual activity, they may not be able to give true consent.

Are there limits on attacking a complainant’s credibility in a sexual assault case?

There are no limits on attacking a complainant’s credibility in a sexual assault case. The defense can question the complainant’s character, honesty, and motivation in any way that it sees fit. In fact, these attacks are often the most effective way to undermine the complainant’s credibility and win the case. However, there are some limits on what can be said about the complainant’s past sexual history. The defense cannot go into too much detail about specific sexual acts that may have taken place between the complainant and other people. This is because such information is considered irrelevant to the case and could potentially prejudice the jury against the complainant.

Besides sexual assault, what other sexual offenses are in the Criminal Code of Canada?

The Criminal Code of Canada outlines a variety of sexual offenses, including sexual assault, sexual interference, child pornography, and prostitution offenses.

What is the sentence or punishment for sexual assault?

If an accused person is found guilty of sexual assault, they may be subject to several consequences, depending on the severity of the offense. Some potential consequences include imprisonment to a maximum of 18 months or 10 years, probation, and a criminal record. Additionally, offenders may be required to participate in sex offender treatment programs or pay fines.

What is the Sex Offenders Registry?

The Sex Offenders Registry is a database that stores the personal information of individuals who have been convicted of sexual offenses. This information can include their name, photos, home address, workplace, and school. The registry is intended to help keep communities safe by providing law enforcement with a resource to track and monitor sex offenders.

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Richard Fedorowicz is a Criminal Lawyer Serving Toronto, Brampton, Newmarket, Hamilton, and Oshawa