Being charged with sexual assault in Canada is not only emotionally overwhelming — it carries the potential for life-altering consequences. But a charge is not the same as a conviction. With the right legal strategy and experienced defence, charges can be withdrawn, dismissed, or resolved favourably before trial.
Key Takeaways
Table of Contents
Sexual assault in Canada is defined under Section 271 of the Criminal Code and includes any non-consensual touching of a sexual nature. The severity of the charge can escalate based on factors such as the use of weapons, causing bodily harm, or assaulting a person under 16, leading to aggravated sexual assault charges under Sections 272 and 273.
“ A lot of our clients are shocked by how broad the legal definition is. Something they viewed as harmless or consensual may result in criminal charges ,” explains Jeff Mass, managing partner at Mass Tsang LLP .
Additionally, individuals convicted of sexual assault may be required to register with the National Sex Offender Registry, impacting various aspects of their lives.
| Type of Offence | Summary Conviction | Indictable Conviction |
|---|---|---|
| Basic Sexual Assault | Up to 18 months (2 years if under 16) | Up to 10 years (14 if under 16) |
| Aggravated Sexual Assault | Not applicable | Minimum 5 years; up to life imprisonment |
| Sexual Assault with a Weapon | Not applicable | Minimum 4 years (5 years if under 16) |
Convictions may also require:
Based on recent StatsCan data:
“ Contrary to popular belief, many allegations don’t make it to trial due to a lack of evidence ,” says Robbie Tsang . “ But you still need legal expertise to get those outcomes. ”
An effective defence strategy is crucial in seeking to have sexual assault charges dropped. Key approaches include:
| Defence Strategy | Effect |
|---|---|
| Disputing Evidence | Undermines the Crown’s case |
| Consent Argument | May neutralize allegations in absence of physical proof |
| Charter Rights Violation | Can lead to dismissal or exclusion of key evidence |
| Procedural Errors | May result in retrial or dropped charges |
“ We carefully audit every case for flaws in police procedures, disclosure gaps, and witness inconsistencies ,” says Jeff Mass, criminal lawyer at MassTsang . “ That’s often what gets charges withdrawn. ”
Even if a complainant wants the charges dropped, only the Crown prosecutor has the authority to do so. That said, an unwilling or reluctant complainant can weaken the case.
| Factor | Impact on Crown's Case |
|---|---|
| Victim refuses to testify | Weakens Crown's ability to prove guilt |
| Lack of corroborating evidence | Raises reasonable doubt |
| Victim's statement retracted | May reduce credibility |
“Victims may regret filing a report — or feel the situation was misunderstood. Their position matters, even if it’s not decisive,” explains Robbie Tsang , a criminal lawyer at Mass Tsang.
Engaging an experienced criminal defence lawyer is paramount in navigating sexual assault charges. Skilled sexual assault lawyers can:
| What Lawyers Do | Why It Matters |
|---|---|
| Analyze evidence and disclosure | Identifies weaknesses in the Crown’s case |
| Negotiate with prosecutors | Opens doors to pre-trial resolution or diversion |
| Defend Charter rights | Prevents unconstitutional evidence from being used |
| Represent in court | Protects your interests during trial |
“ Our first goal is to prevent our clients from ever needing to stand trial, ” says Jeff Mass . “ That’s what pre-trial strategy is all about. ”
" Our role is to ensure that every legal avenue is explored to protect our clients' rights and achieve the best possible outcome, " adds defence lawyer Robbie Tsang .
Question: How can you get sexual assault charges dropped in Canada?
Answer: To have sexual assault charges dropped in Canada, your defence lawyer can challenge the strength of the Crown’s evidence, identify procedural or Charter Rights violations, or negotiate alternatives like a diversion program or peace bond. Each case depends on its unique facts and legal merits.
In lower-level sexual assault cases, the Crown may accept:
| Resolution Type | Conditions | Benefits |
|---|---|---|
| Diversion | Counselling, service, apology | No criminal record |
| Peace Bond | No-contact, behaviour order | Charges dropped if complied with |
| Plea Bargain | Guilty to lesser offence | Reduced sentence, avoids trial |
“ We’ve used these options effectively to spare clients from life-long consequences, ” says Robbie Tsang.
Time is critical in sexual assault cases. Early intervention allows your legal team to:
“ The earlier we’re involved, the more opportunities we have to shape the case in your favour, ” emphasizes Jeff Mass .
In Canada, the decision to proceed with sexual assault charges lies with the Crown prosecutor, not the victim. Even if a victim wishes to withdraw their complaint, the Crown may continue with the prosecution if they believe there is sufficient evidence. However, a victim's reluctance to testify or cooperate can impact the strength of the case.
" While the victim's stance is considered, the Crown's mandate is to pursue charges based on the evidence and public interest, " explains Jeff Mass .
| Factor | Impact on Prosecution Decision |
|---|---|
| Strength of Evidence | Strong evidence increases likelihood of proceeding |
| Victim's Willingness to Testify | Reluctance may weaken the case but not halt prosecution |
| Public Interest | High public interest can prompt prosecution despite challenges |
| Accused's Criminal History | Prior offences can influence the decision to proceed |
| Severity of Allegation | More severe allegations are more likely to be prosecuted |
The criminal defence team at Mass Tsang LLP has successfully defended hundreds of sexual assault cases across the Greater Toronto Area.
Whether your case is minor or serious, we’ll help you understand your options and build a strong strategy for resolution.
