Sexual Assault Lawyer in Toronto
Get Legal Representation From Trusted Sexual Assault Lawyers in Toronto
Jonathan Pyzer and the experienced sexual assault lawyers at Pyzer Criminal Lawyers have over 20 years of experience successfully defending hundreds of sexual assault cases across Toronto. Our criminal lawyer team secures acquittals, charge withdrawals, and favourable outcomes for clients facing these serious allegations, including wrongful accusations.
We provide compassionate and strategic legal support, tirelessly advocating for our clients to ensure they receive fair treatment and due process. With a 4.9-star rating and over 150 client reviews, our extensive experience demonstrates the trust clients place in our ability to achieve the best possible results.
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What is Sexual Assault?
Sexual assault, as defined in section 271 of the Criminal Code of Canada, involves engaging in any non-consensual act of a sexual nature, including sexual touching, contact, or intercourse, without the explicit consent of the other person. Section 273.1(1) states that consent must be informed, voluntary, and continuous. Any sexual act without clear, ongoing consent, from unwanted touching to more violent acts, qualifies as sexual assault.
Sexual activity with individuals below the age of consent, even if they agree, is legally considered sexual assault under section 150.1(1) of the Criminal Code. Canada’s Criminal Code does not define sexual abuse separately, as all non-consensual sexual acts fall under sexual assault in legal terms. This emphasises the importance of understanding age-related consent laws and the broad scope of offences classified as sexual assault.
What is Sexual Interference?
Sexual interference, as outlined in section 151 of the Criminal Code, is a criminal offence in Canada aimed at protecting minors from sexual exploitation and abuse. The law criminalises touching, either directly or indirectly, any part of the body of a person under 16 for a sexual purpose or the accused’s sexual gratification. This offence applies whether the touching is done with a body part or an object, emphasising the law’s strict stance on protecting minors from abuse. Notably, the law specifies that individuals under the age of 16 cannot legally consent to sexual activity with an adult. This provision ensures that any sexual interaction with minors is subject to criminal prosecution, highlighting the protective measures in place to safeguard young individuals from sexual exploitation.
What is an Invitation to Sexual Touching?
Invitation to sexual touching, as defined under section 152 of the Criminal Code, criminalises enticing minors into sexual activities. This offence occurs when an individual invites, counsels, or incites a person under 16 to engage in sexual touching, whether involving the minor, the accused, or another person. The law also applies when someone encourages two minors under 16 to engage in sexual touching for sexual purposes.
Crucially, actual physical contact is not required for an offence under section 152 of the Criminal Code. Simply inviting or encouraging a minor to engage in sexual touching is enough for prosecution. This law emphasises the protection of minors from sexual exploitation and manipulation, ensuring their physical and psychological well-being.
What is Sexual Exploitation?
Sexual exploitation, as outlined in sections 153 and 153.1 of the Criminal Code, occurs when an individual in a position of trust, authority, or a dependency relationship with a young person aged 16 or 17 engages in or incites sexual activity with them. A 16 or 17-year-old cannot legally consent to sexual activity if their partner holds a position of power over them.
Actions constituting sexual exploitation include touching the young person for a sexual purpose or encouraging them to engage in sexual touching. This offence recognises the inherent power imbalance and seeks to protect vulnerable youth from being manipulated or abused by those they should be able to trust.
Elements of a Sexual Assault Charge
Understanding the elements of sexual assault is essential for distinguishing this serious criminal offence from others. Sexual assault charges can be broken down into three critical components:
- Absence of Consent: The cornerstone of a sexual assault charge is the absence of consent. Consent must be informed, voluntary, and specific to each act. It is not present if the individual does not agree, withdraws consent during the act, is unable to consent due to incapacitation, or is below the legal age of consent. Consent cannot be legally given under pressure, manipulation, or when under the influence of substances.
- Unwanted Physical Contact: Sexual assault involves a range of non-consensual sexual acts, from inappropriate touching to severe forms of violation. Any form of sexual contact without clear and voluntary consent falls under this category.
- Intent: To be charged with sexual assault, the perpetrator must either understand or be reckless about the lack of consent. This means the person either knew there was no consent or ignored clear indications of non-consent.
These three components, absence of consent, unwanted physical contact, and perpetrator’s intent are essential for understanding and identifying sexual assault within the legal framework.
Types of Sexual Assault Charges That We Defend
Canadian law recognises several types of sexual assault charges, each defined by the severity of the offence and the presence of aggravating factors.
Common Sexual Assault
Sexual assault, as defined in section 271 of the Criminal Code, involves engaging in a sexual act without the victim’s consent, thereby violating their sexual integrity. This offence can occur in various settings, such as intimate relationships, social events, or public places, and does not require physical injuries to be present.
Sexual Assault With a Weapon, Threats to a Third Party or Causing Bodily Harm
Sexual assault causing bodily harm, as defined in section 272 of the Criminal Code, is a serious offence involving aggravating factors that make it more severe than other forms of sexual assault. This includes cases where the assailant uses or threatens to use a weapon, harms the victim, chokes, suffocates, or strangles them, or acts with an accomplice. Threatening harm to a third party also falls under this category.
The penalties for sexual assault causing bodily harm are severe, especially when a weapon or threats are involved. Classified as indictable offences, these cases are considered serious crimes and must be tried in a superior court.
Aggravated Sexual Assault
Aggravated sexual assault, as defined in section 273 of the Criminal Code, is one of the most severe sexual offences. This crime occurs when a sexual assault results in significant bodily harm to the victim, such as wounding, maiming, disfiguring, or endangering their life. Due to the serious nature of the injuries involved, aggravated sexual assault carries severe legal consequences upon conviction, reflecting the gravity of the offence.
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Defending Against Sexual Assault Charges in Toronto
Defending against sexual assault charges requires a strategic legal approach tailored to each case. Our sexual assault defence lawyers thoroughly analyse allegations and evidence, challenge prosecution claims, and protect your rights through strategic defence approaches.
Consent as a Defence
Consent is a fundamental defence in sexual assault cases, where the accused argues that the sexual activity was consensual and both parties willingly agreed to engage. Legally, consent must be active, informed, and ongoing throughout the interaction. It cannot be given if a person is unconscious, under the influence of drugs, or coerced through threats, violence, or abuse of power.
Our defence strategy focuses on meticulously gathering and presenting evidence of consent, including communication records, witness testimonies, and behaviours indicating mutual agreement. By analysing the nuances of consent and applying them to the specific circumstances of each case, we aim to build a strong and effective defence.
Mistaken Belief in Consent
Mistaken belief in consent as a defence is used when the accused genuinely believed that consent was present, even if it was not. To be successful, the accused must demonstrate that their belief was reasonable under the circumstances. This involves examining the accused’s interpretation of the complainant’s actions and words, ensuring no recklessness or willful blindness to the lack of consent. Our strategy includes carefully analysing the communication and context between the parties to establish the reasonableness of the belief in consent.
Challenging Identity
Challenging the identity of the perpetrator is a common and effective defence in sexual assault cases. The accused may present an alibi or other evidence, such as witness statements, surveillance footage, electronic records, or DNA evidence, to show they were not present at the scene of the alleged assault. Additionally, questioning the accuracy and reliability of witness testimony can cast doubt on the prosecution’s claims. Our team’s experience handling such defences is crucial for disproving allegations and demonstrating our client’s innocence.
Charter Defence
In Canada, the Charter of Rights and Freedoms offers several protections to individuals charged with a crime. A Charter defence argues that these rights were violated during the investigation or prosecution. Common violations include unlawful search and seizure, improper interrogation conduct, and denial of a fair trial. If a Charter violation is proven, it can lead to the exclusion of evidence, reduction of charges, or even dismissal of the case. An experienced defence lawyer is essential in identifying and arguing these violations to protect the accused’s rights.
Each of these defences requires a thorough understanding of the law and meticulous preparation. An experienced defence lawyer can strategically apply these defences to protect the rights of the accused and ensure a fair trial.
Past Successes in Sexual Assault Cases
Conditional Discharge
The client faced serious charges of assault, mischief, and sexual assault. The Crown initially sought a two-year jail sentence and sex offender registration. We successfully negotiated a resolution where the Crown proceeded only on simple assault with a joint recommendation for a conditional discharge.
Charges Withdrawn
The client faced multiple serious charges including three counts of assault, forcible confinement, assault with a weapon, uttering threats to cause death, and sexual assault. We presented arguments to the Crown demonstrating there was no reasonable prospect of conviction on any of the charges.
Not Guilty Verdict
The client, a doctor, was charged with sexual assault. The complainant alleged he took her to a hotel under the guise of a consultation and sexually assaulted her. She claimed this was their only contact. We secured evidence proving the complainant had lied in her statement to police and used this at trial.
Charges Withdrawn
The client was charged with sexual assault. The complainant, a former employee, alleged he woke up to the client penetrating him after a party at the client’s home where alcohol was consumed. The complainant reported rectal bleeding and bruising. Despite the Crown’s initial reluctance, we demonstrated the case was weak and convinced them to withdraw the charge.
Charges Dismissed
The client was charged with sexual assault and assault. He allegedly jumped on his girlfriend at her apartment, punched her in the face, and forced her to engage in sexual relations. We successfully had all charges dismissed at the preliminary inquiry.
Charges Dismissed
The client was charged with two counts each of sexual assault, invitation to sexual touching, and sexual interference involving his two young daughters, ages three and four. His wife reported allegations that he sexually assaulted the children while bathing them. At the preliminary inquiry, we successfully argued there was no reliable evidence on which a properly instructed jury could convict.
Words from the Client’s We’ve Defended
I highly recommend Pyzer Criminal Law. He was professional, knowledgeable, and truly dedicated to my case. He worked very hard and helped make what felt impossible turn into a great result. I’m extremely grateful for his support and guidance throughout the process
Amazing lawyer, easygoing, understanding and helped me a ton, THANKS A LOT
Pyzer Criminal Defence Lawyers helped me get a case.The prior firm took a retainer, never communicated, never followed up and only communicated when I said I was taking my business to Jasimine and the team here. The prior firm took the retainer, didn't discuss the case and only begged and pleaded to keep the case and get it dealt with as he had family items going on. Seems like every review had that post further inspections and not a friend refferal. Jasmine, the paralegals and all the team very professional, following up every few weeks to check in, sometimes, just letting me know there's not any update. Fees in comparrision to other firms estimations were good The ONLY complaint I have about Jasmine and Jon is that there are not a lot more at the firm. Thanks J and J for getting this done.
I had never been in any legal trouble in my life but found myself in a situation one day where I was charged with two seperate things, both very different, Jonathan Pyzer worked with me for two years to ensure a favorable outcome for both cases. He even discounted the fees when one case dragged on for an extended period of time due to administrive issues with the courts. Mr. Pyzer is a consummate professional and I would reccomend his services to anyone in need of them.
We reached out to Johnathon over the phone regarding a legal matter. We subsequently retained him thereafter, met with him in person. He was very thorough and professional. Always returned calls or messages in a timely fashion and most importantly we were contacted by himself to let us know that the charges before us were completely withdrawn. Thankyou soo much
I was in a predicament where persons of authority were taking my truth and twisting it to paint me as a villain although I was the victim. Jasmine truly was my strength at an extremely vulnerable time in my life. She told me what would happen and was fully confident in getting the best resolution which was all charges being dismissed. Having being represented by Jasmine totally empowered me by transforming me from victim to victor. Forever thankful!!!
Importance of Early Legal Intervention and a Skilled Criminal Lawyer
Early legal intervention is crucial when facing criminal charges, particularly in complex cases such as sexual assault. Engaging a criminal lawyer immediately can make a significant difference in the outcome of your case.
Early Legal Intervention
Taking swift action after being charged is essential. Early intervention helps preserve crucial evidence, prevents self-incrimination, and allows for the development of a strong defence strategy from the outset. A criminal lawyer can guide you through the initial steps, ensuring your rights are protected and you do not inadvertently harm your case.
Initial Consultation and Case Assessment
An initial consultation with a criminal lawyer is vital for assessing your case and identifying key issues. During this consultation, the lawyer will review the facts, gather initial evidence, and formulate a defence strategy tailored to your circumstances.
Legal Representation and Rights Protection
A criminal lawyer plays a critical role in safeguarding your rights during police investigations and interrogations. They ensure that you are treated fairly and that all legal procedures are followed. Understanding the complexities of the legal system, your lawyer will navigate these processes on your behalf, providing advice and representation.
Building a Strong Defence
Building a robust defence involves several key steps. Your lawyer will collect and analyse evidence, interview witnesses, and consult with experts to challenge the prosecution’s case. By meticulously examining every detail, your lawyer can identify weaknesses in the prosecution’s evidence and develop a compelling defence.
Negotiations and Court Representation
A criminal lawyer is also essential in negotiating with prosecutors, aiming to reduce charges or secure a favourable plea agreement. If your case goes to trial, your lawyer will represent you in court, advocating vigorously to achieve a favourable outcome.
The importance of early legal intervention cannot be overstated. Engaging a criminal lawyer promptly ensures that your rights are protected and that you have a strong defence. If you are facing charges, seek professional legal advice immediately to safeguard your future.
Penalties and Sentences for Sexual Assault Conviction
The penalties for sexual assault vary based on the nature of the offence and the victim’s age. If the victim is under 16, the maximum penalty is 14 years for an indictable offence and 2 years for a summary conviction. If the victim is 16 or older, the penalties are 10 years for an indictable offence and 18 months for a summary conviction. More serious cases, such as sexual assault causing bodily harm or involving firearms, can result in up to 14 years in prison. The most severe offences, including aggravated sexual assault or cases where the victim is under 16, can carry a life sentence when there is no Crown election.
In addition to the penalties for sexual assault, convicted individuals may face ancillary sentencing orders, including no-contact orders to protect the victim, DNA orders for inclusion in a national database, and Section 161 orders restricting access to places where children are present. While sex offender registration under the Sex Offender Information Registration Act (SOIRA) is no longer mandatory for all sexual offences, judges still have discretion in certain cases. However, mandatory registration applies to offences involving children with sentences of two years or more and for repeat offenders.
Contact an Experienced Toronto Sexual Assault Lawyer Today
A sexual assault conviction can also profoundly impact employment and social standing, making it difficult to find work, secure housing, or engage in community activities. The stigma associated with such convictions often leads to social isolation and strained personal relationships.
At Pyzer Criminal Lawyers, we understand these challenges and are committed to protecting our clients’ rights and seeking suitable outcomes. Our committed team recognises the seriousness of sexual assault charges and is dedicated to providing compassionate yet robust representation to defend your rights and advocate for your innocence.
Contact Pyzer Criminal Lawyers at (416) 658-1818 today for a free consultation and start building your defence with Toronto’s experienced sexual assault lawyers.
Get a Free Consultation
We offer a free case evaluation so that we can meet each other and determine how we can get the best outcome with your case. We will help explain your charges to you, the possible outcomes that may occur, and what your next steps should be. Call us today to see how we can help you.
Frequently Asked Questions
How is consent defined in the Criminal Code of Canada?
Section 273.1(1) of the Criminal Code defines consent as a voluntary agreement to engage in sexual activity, considering the individual’s thoughts and feelings at the time. Consent must be affirmatively communicated through words or actions; silence or passivity is not enough.
If the accused can prove that the complainant freely consented, they cannot be convicted of sexual assault. However, intoxication complicates consent, as the court may determine that an intoxicated person was incapable of consenting. To assess consent, the court examines the parties’ words, conduct, and whether reasonable steps were taken to confirm consent.
What is the legal age of consent in Canada?
The legal age of sexual consent in Canada is sixteen. The law includes a “close-in-age exception,” meaning fourteen and fifteen-year-olds can have sex with someone who is less than five years older. Should an adult engage in sex with a minor sixteen years old or younger, they can be charged with criminal offences.
What is SOIRA?
Since 2004, the Canadian Courts have required those found guilty of certain sex-related criminal offences to be registered in a sexual offender database.
The Sexual Offender Information Registration Act (SOIRA) establishes the National Sexual Offender Information Registry, which is a national database that contains the identity, location and other information of those found guilty of certain sex-related criminal offences in Canada.
SOIRA requires those found guilty of certain sex-related criminal offences in Canada to provide personal information and to report to police on a yearly basis so that they can be closely monitored.
Is it possible to avoid an order to register on the sex offender registry?
It is mandatory that a judge in a case must order a person convicted of the designated offences to comply with the registration provisions of SOIRA. If the accused person receives an absolute discharge or conditional discharge for a designated offence, they will not be ordered to register.
Young offenders are not subject to the Sex Offender Registry unless they are sentenced as adults. It is possible for someone to apply for termination of their registration order for the Sex Offender Registry.
