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Sexual Assault Lawyers in Toronto & GTA

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Sexual assault charges

Type of Sexual Assault Charge	Minimum Sentence (First Offence)	Minimum Sentence (Subsequent Offences)
Sexual assault causing bodily harm without a firearm	None	14 years
Sexual assault with a restricted or prohibited firearm	5 years	7 years
Sexual assault causing bodily harm with possession of other firearm	4 years	14 years
Aggravated sexual assault without a firearm	None	Imprisonment for life
Aggravated sexual assault with a firearm	5 years	Imprisonment for life
Aggravated sexual assault possession of other firearm	4 years	Imprisonment for life

A Sexual assault conviction
can impact the rest of your life

If you’re found guilty of sexual assault charges in the Toronto area, your life could change forever.

Criminal Code sexual assault offence penalties are severe, often resulting in lengthy imprisonment. Even a summary conviction can lead to a criminal record and mandatory placement on the Ontario Sex Offenders Registry.

If you’ve been charged with a sexual assault in Ontario, the sooner you engage an experienced criminal defence lawyer, the sooner you can begin mounting an effective defence to secure the best outcome possible. A skilled sexual assault defence lawyer at Mass Tsang stands ready to help any person accused of sex crimes in the GTA.

Members of:

Defence Strategies

Depending on all the circumstances that led to the sexual assault charges, criminal defence lawyers use the following strategies as warranted by evidence and other factors:

Seek to have sexual offence
charges dropped

Establish and
present evidence
of your innocence

Challenge the
prosecution’s
physical evidence

Challenge
witness testimony

Argue that
Charter Rights
were breached

Argue innocence
based on consent

Negotiate and
plea for favourable
sentencing terms
if convicted

Appeal
the conviction
as warranted

Argue against
inclusion on
the sex offenders
registry

Sexual
Assault

As a criminal offence, sexual assault charges can include everything from rape to inappropriate touching and even the threat of such. Penalties with a guilty finding are typically based on how extensive the physical element of the assault was and other factors relating to the accused and relationship with the victim. Certain sexual offences like aggravated sexual assault almost guarantee jail time if convicted in a sexual assault trial, and most sexual offences carry mandatory inclusion on the sex offenders registry with a criminal conviction.

If you or a loved one is facing sexual assault charges, contact our lawyers at Mass Tsang as soon as possible to begin mounting your best defence.

Read on to learn more about how Ontario courts address most sexual assault cases, the potential penalties, and how your Mass Tsang lawyer can help you successfully beat the charges.

Call Now at 416-907-4097 or

WHY MASS TSANG

1,000+ successful defences

Mass Tsang has a proven track record of securing over 1,000 complete dismissals of charges, leaving defendants with a clean record, and an equally impressive record in reductions in charges/penalties.

In-depth knowledge of the criminal justice system

Unlike many law firms, our sexual assault lawyers practice solely in criminal law, allowing us to provide highly effective representation for clients facing criminal charges, from minor infractions to serious sexual assault offences.

30 years of combined experience

You benefit from the knowledge, opinion and experience of a team of six highly skilled criminal lawyers. After years of working with the same prosecutors and judges in the Toronto area, we can provide tailored defence strategies to give you the best chance of success.

Available when you need us

Fighting a criminal charge can be stressful and you don’t want to feel alone. We are available on weekends, late evenings, and for short-notice appointments and provide timely updates about any developments in your sexual assault charge.

Flat rate fees and flexible payment plans

We offer transparent and affordable flat rate fees, with no hidden costs, and flexible payment plans tailored to each client's unique financial situation.

1,200 +

won cases

91 %

success rate

20+ years

of experience

4.7 _{out of} 5

stars customer rating

Free

case evaluation

100%

anonymous & secure process

Total amount of hours per client

dozens of hours required for research, preparation and legal defence.

12-24 months

Case resolution time (from charge to trial)

What is Sexual Assault?

As per the Criminal Code of Canada, sexual assault is a form of assault committed for a sexual purpose. It encompasses a wide range of offences – both with or without physical contact. Three conditions must exist to constitute a sexual assault:

The Use of Force

Force, in this case, does not necessarily have to involve the use of coercion or physical violence. Once a person touches or threatens to touch another person, that can already be deemed an application of force

Sexual Context

It occurs when another person's sexual integrity is violated and damaged. The basis for determining whether an assault was sexual is all the circumstances surrounding the attack, which body parts were touched, spoken words, specific acts, and the perpetrator's intentions.

A voluntary agreement, clearly expressed in words or conduct, to participate in sexual activity by the person concerned is consent. The lack of such agreement marks the distinction between sexual contact and sexual assault, according to the Criminal Code and Supreme Court. Based on the concept of sexual exploitation, consent cannot be given if a person is incapable due to intoxication, a disability, or other reasons. Consent is also invalid if the person is in a situation or position of trust, power, or abusing authority. The law further considers a relationship of dependency (age 16 or younger) to constitute a lack of consent.

WHAT IS THE PUNISHMENT FOR SEXUAL ASSAULT?

LEVEL 1
Up to 10 years in prison

Any form of sexual activity forced on another person, which includes sexual activity without consent or bodily contact initiated for sexual gratification. The victim may or may not have minor physical injuries.

LEVEL 2
Up to 14 years in prison

This degree of sexual assault involves the use or threat to use a weapon. Threatening a victim’s friends or family members, causing bodily harm to the victim, or committing sexual assault with other participants.

LEVEL 3
Up to life in prison

Also known as aggravated sexual assault, this is the most severe form of sexual assault. Aggravated sexual assault involves maiming, disfiguring or endangering the life of the victim.

If you or a loved one has been charged with sexual assault, time is of the essence

Speak to a Mass Tsang sexual assault lawyer today to mount the best defence possible and protect your future.

Call Now at 416-907-4097 or

Clients Testimonials

Philip Mota is an absolutely incredible lawyer, extremely knowledgeable, hard working, compassionate, and takes the time to listen to you and fight for you as if you were family. Thank you Mr. Mota for everything you have done and for giving me a second chance. 5/5.

Mark S.

I would like to express my gratitude for your services. The way you presented your arguments and defended against cop’s attacks in court was really impressive. I hope I will never have to be in the same situation again but if do I will know who to call!

Kalinja

We reached out to Jeff Mass after a negative experience with another law firm and the difference was like night and day. We were impressed by Jeff and his team on how effective he was in getting us results that we did not think were possible. Jeff's approach as very professional and non judgemental which we really appreciated. Highly recommend using Mass Tsang!!!

Robert

Jeff - words cannot express how your service saved my life and put me back on track to where I was before. Everyone makes mistakes and mine was no exception. The support was amazing and he was a HUGE help in all the steps of the process. They truly did care. Thanks to Jeff Mass and his team my life is normal. Give Mass Tsang a good honest try, they are capable, understanding and they will help you get through the most difficult time! There is light at the end of the tunnel, call Mass Tsang to get you there!

Ms. T., Toronto

I want to thank you for all your hard work, expertise and genuine care in handling my case. From the first day I walked into your offices until my last day in court I felt like I was being defended by a competent and caring staff. It’s difficult to express how happy I am with Judge’s verdict of “not guilty”, but if I had to say it on one word I’m grateful. You not only saved me from a criminal record and fines and the loss of my license, but you gave me back my normal life again. I thank you for that!

Peter G., Toronto

Very professional and knowledgeable firm. Completely satisfied with an outcome. Would highly recommend Mass Tsang LLP to anybody in need of a counsel. Special thanks to Jeff and May.

Leon

A big thank you to you and Heather Spence for my son Paul’s favourable outcome the other day. It is a great relief to know that there are competent people in your corner when the chips are down. Keep up the good work.

P.V.

I wanted to thank you for getting my cases resolved. It was a really tough situation but you handled it perfectly and got me free. We are very happy that we chose you as our lawyer. Me and my whole family thank you a lot!

Kumar

I would like to thank you for assigning my case to James. He was professional, confident and prepared. His knowledge, compassion and organization made me feel confident that I chose the right law firm to represent me. I would recommend Mass and Tsang as well as James to anyone needing legal help. James made this difficult process easy and successful for me, putting my needs first. Thank very much for the A+ service. Thank you

Brad

I could not have been more pleased with the way everything was handled, I am so glad that I had May to fight my case for me. Now I can finally put this in the past thank you May!

Brooke

I never expected I’d need a criminal defence lawyer, so when the time came that I did, I was overwhelmed by the situation and the number of options out there. I decided on Mass Tsang after meeting with Jeff in person. He was friendly, knowledgeable, fair, honest and compassionate. He and James both made this very difficult process a little easier, and while I don’t plan on needing their services again, I would highly recommend them to anyone who does.

Michelle

I would like to personally thank you for assisting me through the challenging circumstances I recently faced and for representing me. You and your entire Team/Office ( with special thanks to James and Alexei as well ), were outstanding as far as representing me to the point that you were always concerned for me, following up with me and guiding me through to the end. I felt I was in very good hands, and clearly I was! Thank you for the most recent success, and I am glad you were on my side!

Toby

Phill Mota is an excellent lawyer and I would like to thank him for getting my drinking and driving charges withdrawn. I was driving home from a bar, I wasn't terribly over the limit, but it was late and I was tired. I fell asleep behind the wheel, flipped my car, and completely wrote if off. It was not a good situation. I was charged with impaired and over 80 mg. However, after Phill cross-examined most of the witnesses on the first day of trial, he made it apparent that the arresting officer violated my charter rights.He also casted enough doubt that I was impaired. The crown attorney subsequently withdrew my criminal charges before we finished the trial. Thanks again Phil!!

I would like to thank my lawyer Phil Mota for getting me out of a tough spot. I was facing my second DUI charge which meant, at minimum, I would be going to jail if I lost. Not to mention the hefty 3 year minimum license suspension which would make me lose my job. My case was not a winner. However, Phil took over my case and noticed there might have been enough delay in the proceedings which arguably violates my another right to a speedy trial. Phil filed the application to get the case thrown out, and he was able to use this as leverage to work out a deal. In the end, all I got was a careless driving ticket. The criminal charges were withdrawn. No jail, no 3 years suspension, no conviction. Thank you, Phil for caring about my case and doing everything possible for me.

Joseph

Going through a criminal process is really scary and your lawyer needs to more than just your representative in court. Your lawyer is your rock, your advisor, your confidant, salvation and even therapist at times, so you had better choose wisely! I certainly did. My lawyer, Jeff Mass of Mass-Tang took a terrifying process, broke it down for me into a simple to understand steps, laid out my options clearly and took the fear of the unknown away, replacing it with confidence in him. He held my hand every step and was an incredible negotiator and delegate in court and in dealing with police services. Jeff is sharp, there when you need him to be, efficient, thorough, passionate about what he does and a best-of-breed litigator.

Tommy D.

i just have to say the moment i walked into mass tsang it was nothing but professionalism. I was facing very serious charges that could potentially have giving me jail time if i was convicted. Every step of the way they guided me through the best course of actions and eventually i got my charges withdrawn with a peace bond. i can not thank them enough for what they did for me. I highly recommend using them if you need professional and thorough representation.

Chris P.

Phil Mota is an excellent lawyer and I'd like to thank him for winning my trial. He really cared about my case and took the time to guide me through everything. I would strongly recommend him and his firm. Very professional.

V. Rocha

I can't thank Phil Mota enough for winning my trial. I had a lot on the line and he did an amazing job. I still can't believe we won. Thanks again to Phil and the firm.

M. S.

Phil Mota is the best! I was facing a charge of cocaine possession which I was very concerned about for many reasons. However, Phil got the crown to agree to withdraw my charge. Thank you for giving me a second chance.

Z. E

I'd like to thank Phill Mota for winning my trial! I thought I had a hopeless case but Phill did an excellent job preparing and executing my defence. Phill is an amazing lawyer and I would recommend him and the firm to anyone!

A. O.

Thank you Phillip Mota for everything, you've done for me from the start. You are a smart and honest person and I really appreciate that. We did it!

A. D.

This is a review for my lawyer Phillip Mota. Phil is a great guy, he was very professional, and I could tell that he really cared about my case. I was facing a tough trial but we won it. Thanks a lot.

Dom. C.

I'd like to give a long thank you to my lawyer Phillip Mota. I was facing very serious allegations where the stakes were really high. My experience with the firm was very professional. Phill is a smart and passionate lawyer. He fought hard for me and won my trial. Thanks again for the best possible result.

Al. E.

I really appreciate the way Phillip Mota handled my case. He is an intelligent, honest lawyer who really cares about his job. He really took the time to explain and prepare my case. He did an amazing job in court. The crown withdrew my charges half way into the trial. Thank you for everything!

M. F.

Phil Mota is an excellent lawyer and he really cared about my case. I could tell how passionate he was every step of the way! Thanks to him I came up against a tough case and got acquitted.

G.B.

What are the common defences against
sexual assault charges?

Circumstances

The circumstances vary in any sexual assault case, and it takes the right criminal lawyer to use the specific details to craft the best defence possible. However, there are typically five main defence strategies.

Factual Innocence

Once you retain the services of a Mass Tsang, the sexual assault lawyer will try to gather facts and evidence to show that you were not there, could not have applied force to the complainant, and more.

Identity

The sexual assault lawyer will challenge the accuser to positively identify the accused person of committing the sexual assault. They may also have to challenge any forensic tools the prosecution uses to confirm the identity of the attacker.

Sex Did Not Occur

The burden of proving that there was a sexual activity is on the accuser. This defence strategy often comes down to a battle of credibility. For this reason, you should retain a sexual assault lawyer in Toronto who is well–versed in defending this type of case, one of which is gathering evidence to put the testimonies of the accuser in doubt.

Consensual
Sexual Activity

Many sexual assault trials come down to the distinction between consensual and non-consensual sexual activity. Whatever the sexual activity, your sexual assault defence lawyer will seek information and evidence to prove consent or discredit the accuser. On the other hand, consent may not matter if the sexual assault criminal defence lawyer can prove that the alleged sexual activity did not occur.

Honest But Mistaken Belief

Another common defence strategy raised against a criminal accusation of sexual assault is that the accused honestly believed that the sexual activity had been consensual. Of course, arguing that the complainant consented has its limitations. For example, self-induced intoxication does not qualify. The best Toronto sexual assault lawyer would argue on behalf of the client that there was a reasonable belief the complainant was consenting.

What types of sexual assault
can be filed against you?

Sexual assault charges can include everything from inappropriate touching to rape. If the criminal accusation involves someone under the age of 16, it could lead to a sexual interference charge, which can prove more complicated than defending against standard sexual assault charges. Sexual offence conviction penalties, which can include jail time and mandatory inclusion on the sexual offenders database, are typically based on how extensive the physical element of the assault was and other factors relating to the accused and relationship with the victim.

Sexual Assault with Physical Contact

The worst of sexual assault crimes involves physical contact. It may be consummated (penetration) or not and includes other acts.

Rape or Sexual Relations with Penetration
Attempted Rape
Sexual Touching/Contact

Sexual Assault without Physical Contact

This form of sexual assault may not involve physical contact but is still of a sexual nature. It encompasses these manifestations:

Sexual harassment
Exposure to sexual acts by force, such as pornography or actual sexual activity
Exhibiting or exposing genitalia
Taking photos or making videos or other recordings of a child in a sexual nature
Inciting or forcing a child to touch their own body or masturbate

Sexual Assaults Based on Perpetrator and Victim Relationship

Intrafamilial Sexual Abuse
The accused is a member of the immediate or extended family.
Extrafamilial Sexual Abuse
The accused is not a member of the immediate or extended family but an acquaintance or a stranger.
Sexual Assault in Conjugal Context
Spousal rape is a form of sexual assault committed between partners of all ages. Partners can be married, in a civil or de facto union, or dating.
Sexual Misconduct
Physical and mental health professionals who take advantage of the professional relationship by having a sexual relation, making inappropriate remarks or gestures that are sexual in nature, or committing acts that are derogatory to the dignity of the profession as defined by the relevant professional code could be charged with this form of sexual assault. Even intimate relationships that may be mutually desired and egalitarian fall under this category.

Our Team

Jeff Mass

Lawyer

Managing Partner

Jeff Mass was born and raised in Montreal, Quebec. Coming from a family of judges and lawyers it was only a natural fit that his chosen profession was the practice of law.

Robbie Tsang

Lawyer

Managing Partner

Robbie was born and raised in Toronto, Ontario. In 2000 he graduated from the University of Toronto with a Bachelor of Science while studying human biology and actuarial science.

Heather Spence

Lawyer

Partner

Heather Spence graduated from Wilfrid Laurier University in 2006 with an Honours Political Science degree and a Business Administration minor. Heather graduated Osgoode Hall Law School where she received a Juris Doctor in Law.

Brian Brody

Lawyer

Partner

Brian Brody was born and raised in Chicago, Illinois and has always been interested in social equality. Coming from a family of lawyers it was easy for him to choose the practice of law.

Alexei Zaitsev

Lawyer

Senior Associate

Alexei Zaitsev earned his law degree at the University of Windsor, with a heavy focus on criminal law. In his position with Mass Tsang LLP, Alexei practices exclusively in the area of criminal and quasi-criminal defence, as well as defending dog owners charged with offences under

Evan Sinclair

Lawyer

Associate

Evan Sinclair studied law at the University of Windsor and the University of Detroit Mercy, receiving American and Canadian law degrees. Evan’s passion for criminal law was solidified after spending a semester as a student attorney working for the Detroit Mercy Criminal Legal Clinic.

Ruaridh McCartney

Lawyer

Associate

Ruaridh McCartney is an Associate at Mass Tsang LLP. Ruaridh graduated from the University of Western Ontario in 2019 (Honours BA with a Specialization in Political Science). From 2019-2021 he attended the University of Southampton in the United Kingdom and graduated Juris Doctor in law in 2021.

Sehar Qureshi

Lawyer

Associate

Sehar Qureshi is an Associate at Mass Tsang LLP. Born and raised in Scarborough, she graduated from the University of Toronto (Scarborough) in 2017, with an Honours Bachelor of Science in Neuroscience and Psychology. She then attended the University of Windsor where she received a Juris Doctor in Law in 2022.

William Fletcher

Licensed Paralegal

William Fletcher is a Paralegal at Mass Tsang LLP with a focus on traffic law. He is a proactive, outgoing, and meticulous paralegal, and a fierce advocate for his clients. He is a graduate of Seneca’s accelerated paralegal program, working with the firm initially as a paralegal student and transitioning seamlessly to a full-service paralegal in 2021.

Stephanie Tong

Operations Manager

Stephanie was born in Hong Kong. She graduated from University of Toronto with an Honours Bachelor of Arts Degree majoring in Sociology and Book & Media Studies. In addition to her years of experience in operations management, legal administration, and customer service, she is also a certified interpreter for Cantonese and is fluent in Mandarin as well.

Lydia Miniovich

Administrative Manager

Lydia was born and raised in Toronto, Ontario. She graduated from the University of Toronto in 2017 with a Bachelor of Arts in political science, English, and history. Lydia has been working at Mass Tsang since 2018.

Defending sexual assault charges success stories

Mr. T was charged with sexual assault after his friend, Ms. C, accused him of engaging in sexual intercourse with her while she was passed out in his fraternity room bed. The central issue at trial was whether Ms. C “subjectively consented to having sexual intercourse with [Mr. T]” on that occasion or, “framed more narrowly, whether she had the capacity to do so. "

Mr. J was charged with sexually assaulting Ms. V after she allegedly passed out on his bed with her friend, Ms. K, after a long night of partying. Mr. J’s defence did not challenge evidence that he had sexual contact with Ms. V but contended that it occurred with her consent. Mr. J did not testify during the trial or call any evidence.

Charged with a sexual assault and related allegations, Mr. M’s defence team applied for a stay of prosecution 21 months after he was charged based on Section 11(b) of the Canadian Charter of Rights and Freedoms.