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Sexual Assault Lawyers in Toronto & GTA

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Facing Sexual Assault Charges?
Protect Your Future

A conviction for sexual assault can have lifelong consequences, including imprisonment and mandatory registration as a sex offender in Ontario. Even a summary conviction can leave you with a permanent criminal record.

Securing experienced legal representation as early as possible is crucial if you've been charged. The criminal defence lawyers at Mass Tsang are ready to help you build a strong defence and work toward the best possible outcome.

Our Team

Client’s Testimonials

Members of:
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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)

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

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.

Sexual assault charges

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

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.

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
01
Establish and
present evidence
of your innocence
02
Challenge the
prosecution’s
physical evidence
03
Challenge
witness testimony
04
Argue that
Charter Rights
were breached
05
Argue innocence
based on consent
06
Negotiate and
plea for favourable
sentencing terms
if convicted
07
Appeal
the conviction
as warranted
08
Argue against
inclusion on
the sex offenders
registry
09

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.

Defending sexual assault charges success stories

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

What are the common defences against
sexual assault charges?

01

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.

02

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.

03

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.

04

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.

05

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.

06

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.

Confidentiality Guarantee

At Mass Tsang LLP, we understand the sensitive nature of sexual assault cases and prioritize your privacy. Our legal team upholds the highest standards of confidentiality, ensuring that all discussions, case details, and personal information remain strictly protected. You can trust us to handle your case with discretion, professionalism, and unwavering commitment to your rights.

FAQ
What you might be wondering

If you are facing sexual assault charges, remain calm and avoid discussing the case with anyone except your lawyer. Do not speak to the police without legal representation. Contact an experienced criminal defence lawyer as soon as possible to protect your rights and begin building a strong defence.

Alternatively, alternative sentencing options such as conditional discharges or house arrest may be possible. However, avoiding jail time depends on factors like the severity of the allegations, prior criminal history, and the strength of your defence. A skilled criminal lawyer can assess your case and explore all possible defence strategies.

Yes, a conviction for sexual assault results in a permanent criminal record, which can impact employment opportunities, travel, and other aspects of your life. However, a criminal record may be avoided if your charges are dismissed or you receive a discharge.

The timeline for resolving a sexual assault case varies depending on factors like the complexity of the case, court availability, and legal proceedings. Some cases are resolved in months, while others may take over a year. Your lawyer can provide a better estimate based on your specific circumstances.

Charges may be withdrawn if insufficient evidence or the prosecution determines that the proceeding is not in the public interest. A strong defence, presented by an experienced lawyer, can increase the chances of having charges reduced or dismissed.

The penalties for sexual assault in Ontario vary depending on the severity of the offence and whether it is prosecuted as a summary or indictable offence. Convictions can result in:

  • A criminal record
  • Mandatory registration on the Ontario Sex Offenders Registry
  • Lengthy prison sentences (up to 10 years for a first offence and life imprisonment in aggravated cases)

An experienced defence lawyer will:

  • Analyze the evidence against you and identify weaknesses in the prosecution’s case
  • Protect your legal rights throughout the legal process
  • Negotiate for reduced charges or alternative sentencing
  • Develop a strong defence strategy to achieve the best possible outcome

Yes. False accusations do occur, and there are defence strategies available, such as:

  • Challenging the credibility and reliability of the complainant’s testimony
  • Presenting evidence that contradicts the allegations
  • Establishing consent where legally applicable

A skilled defence lawyer will work to uncover inconsistencies and build a compelling case in your favour.

You have the right to remain silent. Politely declined to answer questions and requested to speak with a lawyer immediately. Anything you say can be used against you in court, so legal representation is crucial before making any statements.

When selecting a criminal defence lawyer, look for:

  • Experience handling sexual assault cases
  • A strong track record of successful outcomes
  • Clear communication and a strategic defence approach
  • Positive client reviews and testimonials

At Mass Tsang, senior criminal defence lawyers with extensive experience in sexual assault cases provide strategic and effective representation. Contact us today for a confidential consultation.

Get a FREE case assessment now
to understand your options

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5075 Yonge Street, Suite 501 Toronto, Ontario, M2N 6C6
416-781-1148

Monday–Thursday:
9 am – 6 pm
Friday:
9 am – 5 pm
Sunday:
10 am – 3 pm
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