Toronto
Sexual Assault Lawyers
If you have been charged with Sexual Assault you need a criminal lawyer with a proven track record of success.
We have an excellent success rate in sexual assault cases. Our mission is to have your charges withdrawn and no criminal record.
Our sexual assault cases are dealt with urgency and the highest priority.
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Experienced Criminal Defence for Sexual Assault Charges
Why Choose Motevalli Law Group for Sexual Assault Defence
Our team is recognized for excellence in criminal defence. Motevalli Law Group has a proven track record in defending sexual offence cases, helping clients protect their freedom, reputations, and futures. Our lawyers understand the severe consequences of sexual assault allegations and provide tailored strategies for each case.
Key reasons to choose our firm:
Understanding Sexual Assault in Canada
Sexual assault is defined as any assault of a sexual nature that violates another person’s sexual integrity. To obtain a conviction, the Crown must prove three elements:
- The accused intentionally touched the complainant.
- The touching was sexual in nature.
- The complainant did not consent.
Defining Consent
Consent must be voluntary, informed, and ongoing. Silence, passivity, or ambiguous behaviour does not constitute consent. A person cannot legally consent if:
- They are underage or below the age of consent.
- They lack the mental capacity to consent due to intoxication, unconsciousness, or illness.
- Consent is obtained through abuse of power, trust, or authority.
- They explicitly refuse or withdraw consent.
Defences Against Sexual Assault Charges
Consent
Domestic assault charges often arise in Demonstrating that sexual activity occurred with voluntary consent.
Mistaken belief in consent
The accused honestly believed the complainant consented.
Identity
Challenging the Crown’s evidence on the identity of the perpetrator.
No sexual touching occurred
Denying the sexual nature or occurrence of the alleged act.
Accidental touching
Showing the act was unintentional or reflexive.
Our lawyers also understand the strict rules regarding challenging a complainant’s credibility and will carefully navigate the courtroom while protecting your rights.
Other Sexual Offences
Beyond sexual assault, Canada’s Criminal Code includes:
Sexual exploitation
Engaging in sexual activity with someone aged 16-17 in a position of trust or authority.
Sexual interference
Touching a person under 16 for sexual purposes.
Invitation to sexual touching
Encouraging someone under 16 to touch another person sexually.
Voyeurism
Secretly recording or observing someone in a private setting.
Child luring
Using the internet to communicate with a minor for sexual purposes.
Indecent acts
Performing sexual acts in public or exposing genitals to a minor.
Many of these offences carry mandatory minimum sentences and registration on the Sex Offender Registry.
Age of Consent in Canada
- The general age of consent is 16 years old.
- 14-15-year-olds can consent if their partner is less than five years older and there is no exploitative relationship.
- 12-13-year-olds can consent if their partner is less than two years older and no abuse of authority exists.
Sex Offender Registry
Under the Sex Offender Information Registration Act (SOIRA), individuals convicted of sexual offences must register their addresses, workplaces, and travel plans with law enforcement. Registry orders can last 10 years to life, depending on the offence.
Penalties for Sexual Assault
Jail time
Jail sentences ranging from 18 months to 10 years, depending on the offence and whether it is aggravated.
Deportation
Deportation or immigration consequences for non-citizens
The severity of penalties varies depending on the nature of the assault, the accused’s criminal history, and the circumstances of the case.
Inclusion
Mandatory inclusion in the Sex Offender Registry for 10 years to life.
Restrictions
Travel and employment restrictions
Supervision
Long-term social stigma and supervision by law enforcement.
The severity of penalties varies depending on the nature of the assault, the accused’s criminal history, and the circumstances of the case.
Defending Sexual Assault Charges in Toronto
Defending against sexual assault allegations requires skill, experience, and a strategic approach. Motevalli Law Group develops individualized defence strategies for every client, reviewing evidence, witness statements, and legal technicalities to build the strongest possible case.
Contact Motevalli Law Group
If you or a loved one is facing a sexual assault charge, immediate legal guidance is critical. Contact Motevalli Law Group to speak with an experienced Toronto sexual assault lawyer. We will review your case, explain your options, and help protect your freedom, reputation, and future.