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 experienced legal representation, you can protect your rights and hopefully 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.
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 the alleged victim consented to the sexual activity. This can be difficult to prove, but it is not impossible. Witnesses, text messages, and other forms of evidence may be used to show that the victim consented. Another defense argues that the accused did not have the required intent to commit sexual assault. This can be difficult to prove, but it may be possible if there is evidence that the accused was intoxicated or otherwise unable to form the required intent.
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 in Canada is that there is a very high burden of proof that must be met to win a conviction. This means that even when there is substantial evidence to support an allegation of sexual assault, it can be challenging to achieve a conviction in court. Additionally, the social stigma associated with sexual assault often leads to victims not coming forward, making it even more difficult to prosecute these crimes.
On the other hand, there are many challenges that the accused may face inside the court in a sexual assault case. These can include, but are not necessarily limited to:
- 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 rape 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 rape, harassment, and any other form of unwanted touching or advances. 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. He also works with victims of sexual assault to help them seek justice and receive the support they need.
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. A 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 lies with the prosecution, and they must prove beyond a reasonable doubt that you committed the act in question. With a strong defense, it may be possible to have the charges against you dropped altogether.
Ar Fedorowicz Law Firm, we will help you prepare for your first court appearance by advising you on what to expect and how to plead. If possible, Richard will also work with the Crown prosecutor to negotiate a favorable plea deal.
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
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:
- 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.
- 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.
- 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)
- “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.