Sexual Assault Charges in Ontario

Facing sexual assault charges can have severe and far-reaching consequences on your personal, professional, and social life. If you’ve been charged, it’s crucial to act quickly and secure a strong defence. Song Criminal Defence is here to protect your legal rights and guide you through this challenging time.

The legal definition of sexual assault involves the actus reus (guilty act) of sexual touching without the complainant’s consent. Under Canadian law, certain individuals—such as those under the age of 16 or those who are heavily intoxicated—are not legally capable of giving consent.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity of the Accused: The Crown must prove that you are the person who committed the offence.

• Date and Time of the Offence: The incident occurred at the specified time.

• Jurisdiction: The offence must fall under the court’s jurisdiction.

• Sexual Nature of the Contact: The Crown must establish that the contact was of a sexual nature.

• Consent or Lack Thereof: The complainant did not consent, or was incapable of consenting due to age or intoxication.

• Relationship Between Accused and Complainant: The relationship (if any) between the accused and the complainant may impact the case.

• Medical or DNA Evidence: If available, this evidence will be used to support the case.

• Age of Complainant and Accused: The age of both parties is crucial, especially if the complainant is under 16 years old.

Consequences of a Sexual Assault Conviction

1. Criminal Record: A conviction for sexual assault will result in a criminal record.

2. Minimum Sentences: If the complainant is under 16 years of age, there are mandatory minimum penalties:

   • Summary Conviction: 6 months in jail.

   • Indictable Offence: 1 year in jail.

3. Maximum Sentences

   • Summary Conviction: Up to 18 months in jail.

   • Indictable Offence: Up to 10 years in jail, or 14 years if the complainant is under 16.

4. Other Possible Orders

   • Weapons Prohibition: A ban on owning or using firearms and other weapons.

   • DNA Order: You may be required to provide a DNA sample for the national database.

   • Sex Offender Registry (SOIRA and Christopher’s Law): Registration for 10, 20 years, or life.

   • No Contact/Communication Orders: Restrictions on contacting anyone under the age of 16.

   • Victim Fine Surcharge: A financial penalty applied upon conviction.

How Song Criminal Defence Can Help

The legal and personal consequences of a sexual assault charge are serious, but you don’t have to face them alone. At Song Criminal Defence, we specialize in defending clients against sexual assault charges, ensuring that your rights are upheld throughout the process.

Contact us today for a free consultation. We’ll review your case, explain your legal options, and help you develop a strong defence strategy tailored to your situation.