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Sexual assault ×2, extortion
Over a five-day trial we exposed serious credibility problems and a motive to fabricate in the complainant's evidence. Despite an earlier false statement to police, the client's explanation was accepted and he was acquitted of every count.
Sexual assault, sexual interference
A third-party records application produced the complainant's counselling records, which contradicted her testimony. The court found the client credible and entered verdicts of not guilty on all charges.
2025 · Sexual assault, sexual interference
After a two-day trial the client was acquitted of all charges. Cross-examination revealed inconsistencies between the accounts given by the complainant and her mother.
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Speak to a lawyerInterfering with the physical and sexual integrity of a minor in any way is a criminal offence under Canadian law. This type of charge is a hybrid offence. It is at the discretion of the Crown prosecutor how to proceed, and the court cannot intervene in any way. There are two possible levels to which they can proceed.
Summary conviction: Summary conviction offences are the least serious under Canadian law. They are not eligible for a preliminary hearing, and there is no jury present at the trial. If the Crown elects to proceed summarily, the matter will be heard in the Ontario Court of Justice before a judge.
Indictable offence: An indictable offence is far more serious. A trial must be held before a judge and/or jury. Eligibility for a preliminary hearing depends on the nature of the crime. Depending on the severity of the offence, the defendant may or may not have the right to a preliminary hearing. It is an offence punishable by significant jail time.
Sexual interference of any kind carries a punishment. The mandatory minimum punishment and maximum penalty depend on how the Crown prosecutor tries the case. If they prosecute summarily, the defendant can expect to serve a jail sentence. The mandatory minimums relating to this charge have been successfully challenged, rendering them of no force or effect. When the offence proceeds by indictment, the minimum sentence is one year in prison. The maximum jail time is 14 years. It is essential to hire an experienced criminal defence team if facing an indictment of this nature. If found guilty, the defendant must also register under the Sex Offender Information Registration Act (SOIRA) and adhere to all associated rules.
If charged with sexual interference, there are several defences the legal team can pursue, although much depends on the details of the case.
The consent defence: Consent is not a legal criminal defence in Canada when it concerns sexual activity with a minor. It is not always legally possible for anyone below the age of 16 years old to consent to sexual activity.
Mistaken age: The honest but mistaken belief of age can only be used as a defence if there is sufficient proof that the accused took all reasonable steps to ascertain the true age of the complainant. Such steps include questioning the age, asking for proof of age, and confirming the age with another person.
Unintentional touching: There are cases when it can be argued that the contact was accidental. Again, evidence to support the claim is essential. Cross-examination of the complainant usually plays a significant role in any type of defence.
Non-sexual purpose: If the defendant can prove that the touching was of a non-sexual nature, the charges may be avoided. There are cases when the touching of a young person is not for any sexual purpose, but there must be substantial cause for this defence to succeed. Cross-examination is, again, an essential element in such cases.
A criminal lawyer is a necessity in any sexual assault case, including sexual interference. Without experienced legal guidance, the accused is exposed to serious consequences, including a jail sentence, a criminal record, and SOIRA registration. By hiring an experienced criminal lawyer at the very beginning of the case, the accused gives themselves the best chance at a successful defence. The possibility of being acquitted of a sexual interference charge without a lawyer is significantly low.
If you have been charged with a sexual offence, it is essential that you contact a criminal defence law firm. Do not wait — call today to discuss your case and how best to proceed. Canadian law is tough on those accused of sexual assault to any degree, so it is imperative to build a strong defence as early as possible with the help of experts.
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