Sexual Assault Lawyer Toronto

What Is Sexual Assault Under Ontario Law? 

Sexual assault is defined under Section 271 of the Criminal Code of Canada as any form of sexual contact or activity without the explicit consent of the other party. This includes acts involving force, coercion, manipulation, or situations where the alleged victim is incapable of giving consent due to intoxication, age, or disability. 

Common Sexual Assault Offenses 

1. Non-Consensual Sexual Contact: Any unwanted physical contact of a sexual nature. 
2. Sexual Assault with a Weapon: Involving the use or threat of a weapon to commit the assault. 
3. Aggravated Sexual Assault: Severe injury or harm inflicted on the complainant during the assault. 
4. Sexual Exploitation: Involving a position of power, such as a teacher, coach, or employer. 
5. Internet or Digital Sexual Offenses: Sharing explicit content without consent or luring a minor online. 

Your Rights When Facing Sexual Assault Charges 

If you are charged with sexual assault, you have important legal rights, including: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt. 

• Right to Legal Representation: You have the right to consult with a lawyer before making any statements. 

• Right to Remain Silent: You are not required to answer police questions beyond providing basic identification. 

• Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses. 

Why Choose Kozyrev Law P.C. for Sexual Assault Cases? 

Extensive Experience in Sexual Assault Defense 

Our legal team has successfully defended clients against sexual assault charges in Toronto. We understand the serious consequences of a conviction and are committed to providing a strong legal defense. 

Personalized Defense Strategies 

We develop customized defense strategies based on factors such as: 

• The credibility of the allegations. 

• Any inconsistencies in witness testimony. 

• Whether there was a wrongful arrest or false accusations. 

• Violation of your rights during the investigation or arrest. 

Thorough Investigations 

We conduct a detailed review of your case, including: 

• Examining police reports and witness statements. 

• Analyzing forensic evidence and medical records. 

• Reviewing digital evidence, such as texts, emails, and social media activity. 

Aggressive Court Representation 

Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and secure the best possible outcome. 

Steps in Handling a Sexual Assault Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you. 

• Assess potential defense strategies. 

• Provide a clear roadmap for your case. 

Step 2: Evidence Gathering 

Our team will collect and analyze key evidence, including: 

• Police reports and forensic evidence. 

• Witness statements and surveillance footage. 

• Any procedural errors or rights violations. 

Step 3: Pre-Trial Negotiations 

We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible. 

Step 4: Trial Representation 

If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests. 

Challenges in Sexual Assault Cases 

Consent and Misinterpretation 

The prosecution must prove that the complainant did not give consent. We challenge their case by: 

• Presenting evidence of mutual consent. 

• Demonstrating inconsistencies in the complainant’s statements. 

• Highlighting unreliable or misleading testimony. 

False Allegations 

Sexual assault accusations may be made falsely due to: 

• Relationship conflicts or breakups. 

• Custody battles or legal disputes. 

• Retaliation or personal grievances. 

We work to expose false accusations by presenting evidence that contradicts the prosecution’s case. 

Violation of Rights 

If law enforcement violated your Charter Rights, such as conducting an unlawful arrest or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal. 

Frequently Asked Questions About Sexual Assault Cases 

What Are the Penalties for Sexual Assault in Ontario?

Penalties depend on the severity of the offense and prior criminal history, and may include: 

• Summary Conviction: Up to 18 months in jail. 

• Indictable Offense: Up to 10 years in prison. 

• Aggravated Sexual Assault: Life imprisonment. 

• Additional Consequences: Mandatory sex offender registration, probation, and social stigma. 

Can Sexual Assault Charges Be Dropped?

Yes, charges may be withdrawn or dismissed if: 

• The alleged victim recants their statement. 

• There is insufficient evidence to support the charges. 

• The prosecution determines there is no reasonable prospect of conviction. 

What Should I Do If I Am Arrested for Sexual Assault?

• Remain Silent: Do not make statements to the police without a lawyer present. 

• Request a Lawyer: Contact an experienced criminal defense lawyer immediately. 

• Avoid Contact with the Complainant: Bail conditions may prohibit communication with the alleged victim. 

Can Digital Evidence Be Used in a Sexual Assault Case?

Yes, text messages, emails, and social media posts can be used to support or refute claims of consent and intent. We analyze all digital evidence to build a strong defense. 

Protecting Your Rights in a Sexual Assault Case 

1. Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights. 
2. Preserve All Evidence: Collect and safeguard any documentation related to your arrest. 
3. Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer. 
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties. 

Contact Kozyrev Law P.C. Today 

If you are facing sexual assault charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.