Ottawa Sexual Assault Lawyer Protects Your Reputation
An accusation for sexual assault can wreak havoc on your life. In Canada, the term “sexual assault” covers a range of different charges from a sexual interference to rape. Sex crime cases also range from simple to complex.
At David Anber’s Law Office, we provide rigorous defence counsel to clients accused of any type of sex crime in Canada. No matter how serious the charges against you are, we can move quickly to assess the Crown’s case against you, gather evidence, and build a defence that protects your freedom and future. To schedule a free, initial consultation to speak with one of our sexual assault defence lawyers in Ottawa or Quebec, call 1-888-989-3946 or contact us online.
What is sexual assault?
In Ontario, sexual assault is defined as any form of sexual contact or behavior that occurs without the consent of the victim. This includes acts such as sexual touching, sexual intercourse, and sexual exploitation.
Sexual assault is considered a criminal offense under the Criminal Code of Canada and is punishable by law. Consent must be freely given and cannot be obtained through coercion, threats, or the abuse of power or trust. The severity of the penalty for sexual assault will depend on the specific circumstances of your case, including the age of the victim, the use of violence or threats, and the relationship between you and the victim.
Penalties for sexual assault
Penalties for sexual assault in Ontario can range from a fine or a prison sentence to life in prison, depending on the specific circumstances of your case and the severity of the offense.
Possible penalties for sexual assault include:
- Indictable offense — A maximum prison sentence of 10 years.
- Hybrid offense — A maximum prison sentence of 10 years or a lesser sentence if the offense is prosecuted as a summary conviction.
- Aggravated sexual assault — A maximum prison sentence of life in prison.
It is important to note that the actual sentence imposed on you will depend on a variety of factors, including the circumstances of the offense, the age of the victim, and whether you have a criminal history or a history of sexual misconduct. The court may also impose additional penalties, such as probation or mandatory counseling, as part of your sentence.
Defences for sexual assault
In Ontario, five common defenses for sexual assault include:
- Consent — First, you may be able to argue that the sexual activity was consensual, i.e., that the complainant consented to the act.
- Honest belief in consent — You may also be able to show that you had an honest and reasonable belief that the complainant was consenting to the act, even if they did not actually give their consent.
- Mistake of fact — Another strategy may be to argue that you were mistaken about the circumstances, for example, if you believed that the complainant was over the age of consent.
- Alibi — An alibi can establish that you were nowhere near the complainant nor the location where the crime took place when it was alleged to have occurred.
- Fabrication or false accusation — Lastly, you may simply argue that the allegations were false or fabricated.
These defenses are not exhaustive, and the specific circumstances of each case will determine which defenses may be applicable.
What is the role of sexual assault lawyer?
Our goal in representing you is to use every tactic allowed by law to protect your rights, freedom, and reputation. Some of our duties include:
- Assessing the complainant’s credibility
- Identifying inconsistencies in the complainant’s story
- Determining if your Charter rights are violated
- Outlining viable trial strategies
- Ensuring you are prepared to testify at trial if necessary
- Cross-examining the complainant
- Cross-examining prosecution witnesses
Should you wish to plead guilty, our lawyers can negotiate with the prosecution to obtain the lightest sentencing possible given your criminal history and details of your case.
Ottawa sexual offence lawyers fight for you
At David Anber’s Law Office, we advocate fiercely to defend the rights of Canadians accused of unwanted touching, sexual assault, rape, and other sex crimes in Ottawa and Quebec. If you are accused of any kind of sex crime, you need immediate, competent legal help. Without experienced counsel, you face a lengthy prison sentence, fines, and a criminal record as a sex offender. As soon as you seek our counsel, we start working to clear your name. To schedule a free consultation to discuss your case with one of our veteran sexual assault defence lawyers, call 1-888-989-3946 or contact us online.