In Canada, sexual assault is any act that interferes with the sexual integrity of another person without that person’s explicit consent. Acts that fall under this definition of sexual assault range from unwanted touching of a sexual nature to rape.

When defending a domestic or sexual assault charge, there are many legal complexities that you may not know how to use to your advantage.

The Crown prosecutor is highly astute and knows how to build a strong case against you. This is why it’s important to have an equally competent sexual assault defence lawyer in Toronto to strengthen your case.

John Erickson has been a practicing sexual and domestic assault lawyer in Toronto for more than 20 years and has successfully defended countless individuals charged with simple and aggravated assault in Toronto, the GTA, and throughout southern Ontario.

We are strongly committed to affordable client care and believe everyone deserves exceptional legal representation.

Get in touch:
(416) 363­3612
john@ericksonlaw.ca

All criminal charges belong to the Crown prosecutor. Neither the police nor the victim can “drop” a charge after it is laid. At best, they can provide input to the Crown prosecutor but the final decision as to whether or not a charge will proceed or be dropped solely rests with the Crown prosecutor.

A Crown prosecutor may decide to withdraw or stay a charge if he/she decides that continuing the prosecution is not in the best interest of the public or if there is no reasonable prospect of a conviction.

When a Crown prosecutor decides to withdraw or stay a charge, especially a sexual assault charge, they often insist that the accused enter into a common-law peace bond or a Section 810 peace bond. Both types of peace bonds are court orders requiring the accused to abide by certain conditions for a specified length of time. Breaching either type of peace bond can lead to new criminal charges and/or financial repercussions.

Peace bonds for sexual assault charges are rarely granted, especially if the accused has a prior criminal record.

Sexual assault is any act that interferes with another person’s sexual integrity without that person’s consent. Canadian law recognizes that sometimes people make mistakes in what they believe another person is consenting to. For that reason, the defence of mistaken belief of content is a valid defence.

However, to rely on the defence of mistaken belief of consent, the accused cannot simply testify that they believed the complainant wanted to participate in the act. Section 273.2 states that the defence of mistakenly belief in consent is NOT valid where the accused’s belief arose from (a) the accused’s self-induced intoxication, (b) the accused’s recklessness or wilful blindness or (c) any circumstances referred to ion subsection 265(3), 273.1(2) or (3).

Moreover, for the defence to be valid, the accused must take reasonable steps to find out whether the complainant was consenting and there must be some evidence that the complainant’s voluntary agreement was affirmatively expressed by words or actively expressed by conduct.

There are several intricate factors to consider to successfully establish mistaken belief of consent. Contact Erickson Law at (416) 363­3612. We will review your case carefully and determine the best course of action.

Basically, to prove sexual assault, the Crown must prove beyond a reasonable doubt that the accused intentionally touched the victim, that the victim did not consent to the touching, and that the touching interfered with the victim’s sexual integrity.

The types of touching that constitutes sexual assault is very wide and can range anywhere from an unwanted touching above the clothing anywhere on the part of the victim’s bodily that interferes with his/her sexual integrity to rape, i.e. forced intercourse.

Yes, the Criminal Code criminalizes several different types of sexual assault:

Section 271 … sexual assault

Section 272 … sexual assault with a weapon, causing bodily harm, involving choking, involving threats to a third party or “gang/group” sexual assault

Section 273 … aggravated sexual assault

A number of factors must be taken into account when sentencing for sexual assault. The first three factors to take into account is (1) whether the Crown elected to proceed by summary conviction or by indictment, (2) the age of the victim when the offence occurred, and (3) the offence, i.e. sexual assault (s.271), sexual assault with a weapon, etc. (s.272), or aggravated sexual assault (s.273).

Indictment vs. Summary Conviction
Generally, the Crown’s election to proceed by indictment or summary conviction will be determined on the basis of how severe or invasive the physical touching was. The more serious/invasive (i.e. forced intercourse), the more likely the Crown will elect to proceed by indictment whereas the less serious/invasive (i.e. touching over the clothing), the more likely the Crown will elect to proceed by summary conviction.

Sexual Assault
Section 271 states that everyone who is found guilty of a sexual assault is liable to be sentenced as follows:

If the Crown proceeded by indictment, then the available sentence ranges from a discharge to 10 years in jail but if the victim was under the age of 16 years, then the accused is liable to a mandatory minimum sentence of one year in jail to a maximum of 14 years in jail.

If the Crown proceeded by summary conviction, then the available sentence ranges from a discharge to 18 months in jail but if the victim was under the age of 16 years, then the accused is liable to a mandatory minimum sentence of six months in jail to a maximum of two years less a day in jail.

Sexual Assault with a Weapon, Causing Bodily Harm, etc.
Section 272(1) states that everyone is guilty of an offence this section if they:
carries, uses or threatens to use a weapon or an imitation of a weapon;
threatens to cause bodily harm to someone other than the victim;
causes bodily harm to the victim, or chokes, suffocates or strangles the victim; or is a party to the offence with another person.

Sentencing under Section 272(2) is complicated. It states that the Crown must proceed by indictment and the accused is liable to a sentence from as low as a suspended sentence (i.e. probation only) to a maximum of 14 years in jail. But:

If a restricted or prohibited firearm was used, or If any other type of firearm was used and it was committed for the benefit of, at the direction of, or in association with a criminal organization, then the accused is liable to a mandatory minimum sentence of five years in jail and a maximum of 14 years in jail. But if the accused was previously convicted of an offence under s.272, then the mandatory minimum sentence is seven years in jail.

In any other case where a firearm was used, the accused is liable to a mandatory minimum sentence of four years in jail and a maximum of 14 years in jail.

If the victim was under the age of 16 years, the accused is liable to a mandatory minimum sentence of five years in jail and a maximum of life imprisonment.

Aggravated Sexual Assault
Section 273(1) states that everyone commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the victim.

Sentencing under Section 273(2) is complicated. It states that the Crown must proceed by indictment and the accused is liable to a sentence from as low as a suspended sentence (i.e. probation only) to life imprisonment. But:

If a restricted or prohibited firearm was used, or if any other type of firearm was used and it was committed for the benefit of, at the direction of, or in association with a criminal organization, then the accused is liable to a mandatory minimum sentence of five years in jail to life imprisonment. But if the accused was previously convicted of an offence under s.272, then the mandatory minimum sentence is seven years in jail.

In any other case where a firearm was used, the accused is liable to a mandatory minimum sentence of four years in jail and life imprisonment.

If the victim was under the age of 16 years, the accused is liable to a mandatory minimum sentence of five years in jail to life imprisonment.

Furthermore, a conviction for any of the above types of sexual assault typically lead to the accused having to register with the provincial / national sex offender databases for potentially 10 years or more.

John Erickson is a trusted sexual assault lawyer and domestic assault lawyer in Toronto. Contact him directly to build a strong defence from day one.

As an experienced and trusted sexual assault lawyer in Toronto, John Erickson will prepare for your trial by gathering critical evidence that may work in your favour such as security video recordings from bars, condos & apartment lobbies and elevators, businesses, etc. may show you and/or the alleged victim, and review the statements from the alleged victim and other witnesses that reveal inconsistencies, biases and improbabilities to raise a reasonable doubt.

As your sexual assault defence lawyer in Toronto, John Erickson will also prepare you for the prosecutor’s cross-examination if you choose to testify.

The court process is typically very lengthy. If a trial date was set just today, you might expect it to take place between 6 months to a year or more from now.

It is essential to use this time wisely to prepare. Filing for pre-trial applications such as Charter applications to exclude evidence, must all be filed well in advance of the trial date. Many want this to be done as quickly as possible but it is important to remember how integral proper preparation is for a case. For larger or more complex cases, it can take hundreds of hours to prepare.

Erickson Law utilizes every hour thriftily to make sure nothing is left to chance. It is important to start from day one. Contact Erickson Law today to get started on your defence.

Get in touch:
(416) 363­3612

john@ericksonlaw.ca