SEXUAL ASSAULT LAWYER

If you have been accused of a sexual assault, you must retain a lawyer without delay. This is a very serious charge and you should not plead guilty to it without speaking to a sexual assault lawyer in Toronto first.

CONSEQUENCES

A conviction for sexual assault is likely going to attract a jail sentence, long probation, DNA order, lifetime weapons prohibition and 20-years SOIRA (National Sex Offender Registry) order.

HISTORICAL ALLEGATIONS

Sexual assault allegation may be historical. There is no statute of limitations with respect to these charges in Canada. However, if the charge is laid more than 6 months after the time of the alleged offence, the defendant is entitled to have a jury trial.

CONSENT

Very often the accused claims that the complainant consented to sexual activity in question. Is this a good defence? It’s important to understand that certain scenarios are not considered by law to be supportive of the defence of consent. Examples of these are: when the accused have only been advised of consent by a third party (not too common); when the complainant was not capable of consent (e.g. intoxicated, mentally ill or too young to consent); when the accused has only received a consent because he was in a position of trust, power or authority over the victim; when the victim indicated that she is not consenting by her conduct or words (including situations where the consent was initially proper but then was withdrawn by the victim).

Honest but mistaken belief in consent is a valid defence. That belief must not be induced by drugs or alcohol. The accused must have taken reasonable steps to figure out if there was consent.

The accused would have to testify for this defence to be successful (even though generally the accused has no obligation to testify in these cases, as the burden of proof is on the Crown).

DAVID GENIS IS A WELL -
KNOWN SEXUAL ASSAULT LAWYER IN TORONTO

As a sexual assault lawyer in Toronto, he works hard to ensure his clients get the help they need and the rectification settlement they deserve. With years of experience and a proven track record of courtroom success, David Genis is one of the best sexual assault lawyers in the city.

There is more than just one reason to choose him to represent you. He manages each of the clients with compassion and determination to help them. If you have questions or want a free legal consultation, please feel free to visit this page.

Our knowledge, experience and dedication always help us achieve the deserved results.

EXPERIENCED SEXUAL ASSAULT LAWYER DAVID GENIS WILL CLEAR YOUR NAME

WHAT IS SEXUAL ASSAULT?

Any unwelcome sexual act or behavior that takes place against a person’s will and without their explicit consent is referred to as sexual assault. It depends less on physical contact with any one part of the human body and more on a sexual act that jeopardizes the victim’s sexual integrity.

KEY ASPECTS OF SEXUAL ASSAULT INCLUDE:

Lack of Consent: This refers to a scenario where the victim did not willingly or knowingly agree to the sexual activity. Consent must be given freely, actively, and voluntarily by someone capable of consenting. Silence or the absence of resistance does not imply consent; only a clear “yes” through words or actions does.
Force or Coercion: Sexual assault often involves physical force, threats, intimidation, or coercion, compelling the victim to comply with the perpetrator’s demands.
Victim’s Incapacity: If the victim is unable to give consent due to age, intoxication, mental incapacity, or other factors, any sexual activity with that person is considered sexual assault.

Sexual assault is a serious crime that often leads to a jail sentence and, for non-citizens, to a deportation.

DIFFERENT TYPES OF SEXUAL ASSAULT CHARGES

Some of the categories of sexual assault recognized under Canadian law are:

Sexual Assault

This involves any non-consensual sexual activity where one person uses force, threats, or manipulation to engage in sexual contact with another person.
Punishment: Imprisonment for up to 10 years

Sexual Assault with a Weapon

This refers to a scenario where a weapon or an object is used to commit a sexual assault.
Punishment: Imprisonment for up to 14 years

Aggravated Sexual Assault

This occurs when a sexual assault results in wounds, or maims, disfigures, or endangers the life of the victim.
Punishment: Imprisonment for up to 14 years

Sexual Interference

This involves touching a person under the age of 16 for a sexual purpose, even if the touching does not involve penetration.
Punishment: Imprisonment for up to 14 years and no less than 90 days.

Invitation to Sexual Touching

This charge applies when someone invites, counsels, or incites a person under the age of 16 to touch, directly or indirectly, the body of any person for a sexual purpose.
Punishment: Imprisonment for up to 14 years and no less than 90 days.

Sexual Exploitation

This involves taking advantage of a position of trust, power, or authority to exploit a person for a sexual purpose.
Punishment: Imprisonment for up to 14 years and no less than 90 days.

HOW CAN YOU DEFEND SEXUAL ASSAULT CHARGES?

Defending against sexual assault charges typically involves several strategies and considerations, depending on the specifics of the case. Here are some common approaches that a defence lawyer might take:

Consent: Arguing that the sexual activity was consensual is a common defence. This may involve presenting evidence or witness testimony that shows the alleged victim willingly participated in the activity.
Lack of Evidence: This may involve challenging the prosecution’s evidence, by highlighting inconsistencies in the alleged victim’s statements, lack of physical evidence, or unreliable witness testimony.
Alibi: This refers to providing evidence that the accused was somewhere else at the time of the alleged assault, which contradicts the accuser’s version of events.
Mistaken Identity: Another common defence approach is to suggest that the accuser misidentified the perpetrator. This could be due to factors such as poor lighting, stress, or other circumstances that could affect perception.
False Accusation: It may be argued that the accusation itself is false, potentially motivated by revenge, jealousy, or other personal reasons.
Procedural Defenses: This may involve challenging the legality of the investigation, the gathering of evidence, or the conduct of law enforcement officers, which may lead to the exclusion of evidence or dismissal of charges.
Expert Witnesses: In some cases, expert testimony may be used to challenge the prosecution’s evidence or provide alternative explanations for physical evidence or witness testimony.
Statute of Limitations: In Canada, there is no statute of limitations on sexual assault if prosecuted by indictment. However, there is a one-year limitation on prosecution by summary conviction.
Plea Bargaining: This involves negotiating with the prosecution for a plea deal to lesser charges if outright acquittal seems unlikely.

It’s important to note that each case is unique, and the strategy for defending against sexual assault charges will depend on the specific circumstances, evidence, and laws involved. Consulting with an experienced lawyer early in the process is crucial to understanding the options and developing an effective defence strategy.

WHAT SHOULD YOU DO IF YOU ARE ACCUSED OF SEXUAL ASSAULT?

If you are accused of sexual assault, it is important to take immediate steps to protect your rights and ensure a fair legal process. Here are some key actions to consider:

Stay Calm: Being accused of a serious crime can be overwhelming and emotional. Try to remain composed and avoid any actions or statements that could be misinterpreted or used against you.
Seek Legal Representation: Contact a qualified defence lawyer who specializes in sexual assault cases as soon as possible. A lawyer experienced in this area can provide crucial advice, protect your rights during questioning, and guide you through the legal process.
Do Not Contact the Accuser: Avoid any contact with the person who has accused you of sexual assault. This includes direct communication through friends or family or via social media. Any attempt to contact the accuser could potentially be viewed as intimidation or harassment.
Gather Evidence: If you have any evidence that could support your defence (such as alibis, witness statements, communication records, etc.), gather it and provide it to your lawyer. This can help construct a strong defence strategy.
Document Your Recollection: Write down your recollection of events leading up to and following the accusation. Include details such as where you were, who you were with, and any relevant activities. This documentation can be helpful later in establishing your defence.
Follow Legal Advice: Your lawyer will provide you with specific guidance based on the details of your case. It is important to follow their advice regarding interactions with law enforcement, court appearances, and any other legal matters.
Be Prepared for Investigation: Understand that there may be an investigation into the allegations. Cooperate with your lawyer, and law enforcement within the bounds of legal advice provided to you. Do not attempt to obstruct the investigation.
Preserve Evidence: If you believe there is evidence that could support your innocence (such as text messages, emails, or physical evidence), preserve it and inform your lawyer. Do not alter or destroy any potential evidence.
Understand the Consequences: Being accused of sexual assault can have serious legal, social, and personal consequences. Be prepared for the potential outcomes and focus on building a strong defence with the help of your lawyer.
Maintain Confidentiality: Discuss your case only with your lawyer, and trusted individuals who are directly involved in supporting your defence. Avoid discussing details of the case publicly or on social media.

Navigating an accusation of sexual assault can be extremely challenging. Seeking competent legal counsel early on is crucial to protect your rights and ensure a fair process.

WHY CHOOSE DAVID GENIS AS YOUR DEFENCE LAWYER?

Choosing an experienced criminal lawyer is crucial because they specialize in defending individuals facing criminal charges. Here are several reasons why selecting David Genis would be a good choice:

Expertise and Experience: David Genis has in-depth knowledge of criminal law, courtroom procedures, and precedents relevant to your case. He understands the complexities of criminal charges and can navigate the legal system effectively on your behalf.
Defence Strategy: David Genis will develop a tailored defence strategy based on the specifics of your case. He will assess the evidence against you, identify legal issues, and strategize the best approach to defending your innocence or minimizing penalties.
Legal Guidance and Advice: Throughout the legal process, David Genis will provide you with expert advice, explaining your rights, potential outcomes, and the legal steps involved. He will keep you updated and help you make informed decisions.
Representation in Court: David Genis will represent you during court proceedings, including hearings, trials, and negotiations with prosecutors. He will present your case persuasively, cross-examine witnesses, and argue motions effectively.
Negotiation Skills: Often, criminal cases are resolved through negotiations with prosecutors to reduce charges or penalties. David Genis is a skilled criminal lawyer who will negotiate on your behalf to achieve the best possible outcome.
Protection of Rights: David Genis will ensure that your constitutional rights are protected throughout the legal process. They will safeguard you from unlawful procedures, ensure fair treatment, and advocate for your best interests.
Emotional Support: Facing criminal charges can be incredibly stressful and emotionally taxing. David Genis will provide support and reassurance, helping you navigate the challenges with confidence.

A specific criminal lawyer should, in general, have knowledge of criminal law, be able to craft a strategic defence that is unique to your case, effectively represent you in court, be able to negotiate, safeguard your rights, provide legal counsel, and provide emotional support. By selecting David Genis, you can be confident that you will have a tenacious counsel who will stop at nothing to get your case the best possible result.

CALL US NOW FOR A CONFIDENTIAL CONSULTATION

If you are facing a criminal charge and have an upcoming court date, and you don’t have a lawyer working on the case, we currently offer one free 45-minute initial consultation.

If you are looking to appeal your conviction or sentence, or if you currently have a lawyer retained and are looking for a second opinion, we can provide a paid consultation.

If you already have a voluminous disclosure, only a brief review of it would be included in a free consultation.

This consultation can be done in person or via video conference.
During the consultation, we are usually able to achieve several purposes.
It helps us understand your charges and advise you on your options and their consequences. It also helps you decide if our firm is a good fit and if you want us to represent you in court.

WHAT MUST THE PROSECUTOR PROVE IN A SEXUAL ASSAULT CASE?

In a sexual assault case, the prosecutor must prove several elements beyond a reasonable doubt to secure a conviction. The specific elements can vary depending on the jurisdiction and the exact charge, but generally, the prosecutor must establish the following:

Actus Reus (Physical Act): The prosecutor must prove that the defendant engaged in sexual conduct with the victim. This typically involves proving that the defendant touched the victim in a sexual manner, engaged in sexual penetration, or forced the victim to engage in sexual activity against their will.
Mens Rea (Criminal Intent): The prosecution must show that the defendant was acting in a way consistent with the necessary mental state. This mental condition could include knowing that the victim did not consent, having the intention to commit the sexual act, or acting carelessly or recklessly in disregarding the victim’s lack of consent.
Lack of Consent: Lack of consent is a crucial element that the prosecutor must establish. This involves proving that the victim did not voluntarily agree to engage in the sexual activity. Lack of consent can result from various factors such as physical force, threats, incapacity (due to intoxication or other reasons), or incapacity to consent due to age or mental state.
Capacity of the Victim: The prosecutor may also need to prove that the victim was of a certain age or mental capacity where consent is legally recognized. This varies depending on the jurisdiction’s laws regarding consent.
Circumstances of Force, Coercion, or Authority: Depending on the specific charges, the prosecutor may need to prove additional circumstances such as the use of force, coercion, abuse of authority (e.g., by someone in a position of power over the victim), or exploitation of a vulnerable situation.

It’s important to note that the burden of proof rests with the prosecutor, who must prove each element of the offence beyond a reasonable doubt. The defence can challenge the prosecution’s evidence, present counterarguments, and raise reasonable doubts about any of these elements to defend against the charges. Each case is unique, and the specifics of what the prosecutor must prove can vary based on the laws and procedures of the jurisdiction handling the case.

WHAT ARE THE POSSIBLE PENALTIES FOR A SEXUAL ASSAULT CONVICTION?

In Canada, penalties for sexual assault convictions can include:

Imprisonment: The length of imprisonment can vary based on the severity of the offence. For example, depending on aggravating circumstances or whether a child was involved in the crime, the sentence for sexual assault might range from a maximum of 10 years to life in prison.
Mandatory Minimum Sentences: In some cases, mandatory minimum sentences apply, particularly for more serious forms of sexual assault or if there are aggravating factors.
Probation: Alongside imprisonment, a court may impose probation, which includes conditions such as reporting to a probation officer, attending counseling, or refraining from contact with the victim.
Sex Offender Registration: Convicted individuals may be required to register with the National Sex Offender Registry, which involves providing personal information and adhering to reporting requirements.
Restitution: Courts can order the convicted individual to pay restitution to the victim for expenses related to the assault, such as medical or counseling costs.
Weapons Prohibition: Depending on the circumstances, a court may impose a prohibition on owning or possessing firearms or other weapons.
Criminal Record: A sexual assault conviction results in a criminal record, which can have significant long-term consequences for employment, travel, and other aspects of life.

It’s important to note that Canadian law differentiates between different degrees of sexual assault, with varying penalties based on factors such as the nature of the assault, the age of the victim, and any relationship between the accused and the victim. Sentencing decisions are ultimately up to the judge, who considers all relevant factors before determining an appropriate penalty.

HOW LONG DOES A SEXUAL ASSAULT CASE TYPICALLY TAKE TO RESOLVE?

The duration of a sexual assault case can vary widely depending on several factors, including the complexity of the case, the legal system in the jurisdiction, and whether the case goes to trial or is resolved through a plea bargain. Here are some general considerations:

Investigation Phase: Initially, there may be an investigation by law enforcement, which can take several weeks or months. This phase involves gathering evidence, interviewing witnesses, and possibly conducting forensic examinations.
Charging Decision: Once the investigation is complete, prosecutors decide whether to file charges. This decision can vary in timing but typically happens within a few months of the incident, though it can sometimes take longer.
Pre-trial Proceedings: Before a trial begins, there may be pre-trial motions, hearings, and negotiations between the defence and prosecution. This phase can range from several months to over a year, depending on the complexity of the legal issues involved.
Trial Process: If the case goes to trial, the duration can vary significantly. Trials can last from a few days to several weeks, depending on the complexity of the case, the number of witnesses, and the legal arguments presented.
Post-trial Proceedings: After a trial concludes, there may be sentencing hearings (if the defendant is convicted), appeals, or other legal proceedings that can extend the timeline.

In total, sexual assault cases can take anywhere from several months to multiple years to resolve, particularly if they involve complex legal issues or if there are delays in the legal process. It’s important to note that every case is unique, and the specific timeline can be influenced by many factors specific to the case and the jurisdiction in which it is being prosecuted.

If the Crown is prosecuting by indictment, the case is expected to be finished within 30 months.
If the case is prosecuted by a summary conviction, it should be completed within 18 months.

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TORONTO SEXUAL ASSAULT LAWYER