Sexual Assault Lawyers Toronto

Toronto Sexual Assault Lawyers: Experienced Criminal Defence

A sexual assault charge is one of the most serious situations a person can face. A conviction can mean significant jail time, mandatory DNA collection, placement on the Sex Offender Registry, and lasting damage to your reputation, career, and relationships. Daniel Brown Law defends clients against sexual assault, sexual interference, and sexual exploitation charges at courthouses across Toronto and throughout the GTA — including Toronto, Newmarket, Oshawa, Brampton, and Milton.

Why Choose Daniel Brown Law?

Daniel Brown is one of Canada's most recognized sexual assault defence lawyers. He is a certified specialist in criminal law — a designation held by fewer than 2% of criminal lawyers in Ontario — and the author of the leading Canadian textbook on this area of the law, Prosecuting and Defending Sexual Offence Cases, now in its 3rd Edition with Emond Publishing's Criminal Law Series. The book is consulted by judges, prosecutors, and defence counsel across Canada and is frequently cited in appellate court judgments including the Supreme Court of Canada. Daniel has also authored articles for legal journals and contributes commentary on criminal law to The Toronto Star and other major Canadian news outlets.

Daniel regularly provides expert commentary on high-profile sexual assault cases. He understands the damage that public allegations can cause — long before any verdict — and has extensive experience managing media coverage. He works to ensure that acquittals and withdrawn charges get as much attention as the original allegations did.

The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:

• Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard— fewer than 2% of Ontario criminal lawyers hold this prestigious designation)
• Best Lawyers in Canada — Criminal Defence — Daniel Brown personal listing
• Canada's Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
• Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
• Canada's Best Law Firms 2026 — The Globe and Mail (Report on Business)
• Toronto Star Readers' Choice Awards — Best Law Firm and Best Legal Services, repeat winner
• Toronto's Top Criminal Lawyers — Streets of Toronto and Post City Magazine

Author: Prosecuting and Defending Sexual Offence Cases, 3rd Edition (Emond Publishing, Emond's Criminal Law Series) — a comprehensive Canadian text on consent, evidentiary issues unique to sexual offence prosecutions, and trial strategy.

If you have been accused of sexual assault, read our article on the 7 critical defence steps you should take immediately.

Success Stories in Sexual Assault Defence

Daniel Brown Law has successfully defended clients in numerous high-profile cases, including:

• Toronto Star, "This GTA teacher was accused of sexually assaulting a student. Now the charges are dropped, but can life go back to normal?"
• Toronto Sun, "Photographer cleared of child sex abuse allegations in BDSM case"
• Toronto Star, "Charges dropped against Mustafa Ururyar, after sex assault conviction overturned"
• National Post, "Man accused of Mandi Gray sex assault finds it's guilty until proven innocent"
• Toronto Star, "Swim coach Trent McNicol picks up pieces after sex assault charges dropped"

Judges recognize Daniel's meticulous preparation and courtroom skills. One judge described his cross-examination as:

"one of the most prepared, most thorough, most professional cross-examiners I have ever witnessed. Every detail was at [Mr. Brown's] immediate recall. This young woman in the witness stand was confronted with every conceivable inconsistency; some explainable, some she did not do a very good job of explaining, and as I watched the trial develop it occurred to me that this young witness was in for a challenge."

Defending Against Sexual Assault Charges

Sexual assault law is complicated. What follows covers the key legal issues that come up in these cases:

Proving a sexual assault case in court

Defining assault, sexual assault and consent

Age of consent in Canada for sexual activity

Defences in sexual assault cases

Limits to challenging a complainant's credibility in a sexual assault case

Speaking with the police about a sexual assault allegation

Other types of sexual offences:

1. Sexual exploitation?
2. Sexual interference?
3. Invitation to sexual touching?
4. Voyeurism?
5. Child luring?
6. Indecent acts?

Sexual assault sentences

Sex offenders registry

Proving a sexual assault case in court

Sexual assault is defined as an assault of a sexual nature that violates the sexual integrity of the complainant.

To secure a conviction, the Crown must prove three things:

• The accused intentionally touched the complainant.
• The touching was sexual in nature.
• The complainant did not consent.

Defining assault, sexual assault, and consent

a) Defining assault

An assault occurs when someone intentionally touches another person without consent.

b) Defining sexual assault

Once the Crown has proven an assault took place, it must also prove the assault was "sexual in nature" or for a "sexual purpose". Courts look at the body part touched, the nature of the contact, and the intent behind the touching.

The Crown does not need to prove the accused received sexual gratification. An intentional kick to another person's genitals can be a sexual assault even if no gratification was involved. Intent is one factor among many that a judge considers.

c) Consenting to sexual activity

Consent is often where these cases turn. Both parties may have experienced the same encounter very differently, and the judge has to work through that. The court starts by looking at consent from the complainant's perspective at the time the touching occurred — not whether they regretted it later. The accused person's account is also considered before any conclusion is reached.

Consent must be voluntary, informed, and ongoing. Courts look at words, actions, and what steps the accused took to confirm consent existed. Silence, passivity, or ambiguous behaviour does not constitute consent — and believing otherwise is not a defence.

When will there be a lack of consent for sexual activity?

Consent to sexual touching will not exist in any of the following situations:

1. where consent is given by someone else.
2. where a person lacks the mental capacity to consent. This includes someone who is severely intoxicated, unconsciousness, or suffering from a serious mental illness, etc.;
3. where consent is obtaining by abusing a position of trust, power, or authority;
4. where a lack of consent to engage in sexual activity is expressed by words or actions;
5. where someone expresses a lack of agreement to continue to engage in the sexual activity; OR
6. where a person is not old enough to consent to sexual activity.

Age of consent in Canada

Canada's age of consent laws apply in every province and territory to all forms of sexual activity, from kissing and fondling to intercourse.

• The legal age of consent is 16 years, with exceptions for close-in-age relationships.
• A 14- or 15-year-old can consent if their partner is less than five years older and there is no exploitation or authority or trust relationship.
• A 12- or 13-year-old can consent only if their partner is less than two years older and there is no exploitation or authority or trust relationship.

Defences in sexual assault cases

Consent

Showing that consent was given and not withdrawn is a complete defence. Text messages before and after the encounter, witness testimony, photographs, and videos can all support this. What matters is building a factual record that tells the full story of what happened.

Honest but mistaken belief in consent

An accused can argue they honestly, but mistakenly, believed the complainant consented. To use this defence, there must be evidence that the complainant's words or actions reasonably signaled consent.

Identity

DNA evidence, forensic evidence, and eyewitness accounts can all speak to the identity of a suspect. In some cases, the Crown simply cannot prove that the accused is the person responsible — and the charges fail on that basis alone.

No sexual touching occurred

A person can deny that the touching was sexual in nature, or deny that any sexual touching took place at all.

Accident

Only intentional touching is potentially criminal. If any sexual touching occurred accidentally, that is a defence.

Limits to challenging a complainant's credibility in a sexual assault case

Courts impose strict rules on questioning a complainant about their past sexual history. Defence lawyers must get court approval before introducing this kind of evidence. A judge may allow it if it's relevant to an issue in the case and carries significant probative value — but the threshold is high and the process is tightly controlled.

Speaking with the police about the sexual assault allegation

Do not speak to the police without first calling a lawyer. That applies even if you're confident you've done nothing wrong. Police can — and do — lay charges based solely on the complainant's account, and anything you say becomes part of the record. The right time to tell your side of the story is in court, with a lawyer beside you, not in an interrogation room.

Other Sexual Offences

Beyond sexual assault, Canada's Criminal Code includes a range of related charges:

• Sexual exploitation: Engaging in sexual activity with a person aged 16-17 in a relationship of trust or authority.
• Sexual interference: Touching a person under 16 for a sexual purpose.
• Invitation to sexual touching: Encouraging someone under 16 to touch another person sexually.
• Voyeurism: Secretly recording or observing someone in a private setting for a sexual purpose.
• Child luring: Using the internet to communicate with a minor to facilitate sexual offences.
• Indecent acts: Engaging in sexual acts in public.

a) Sexual exploitation

Sexual exploitation (Criminal Code sections 153 and 153.1) is a crime that is committed if someone abuses or attempts to abuse a position of vulnerability, differential power, or trust, for sexual purposes.

A 16 or 17 year old cannot consent to sexual activity if their sexual partner is in a position of trust or authority towards them.

People in a position of trust or authority

Common examples of a person in a position of trust or authority can include a teacher or coach. It can also occur where the complainant is dependent on their sexual partner for care or support.

Factors determining if someone is in a position of trust or authority

The following factors may be considered when determining whether a relationship is exploitative of the young person:

1. the young person's age
2. the age difference between the young person and their partner
3. how the relationship developed (for example, quickly, secretly, or over the internet)
4. whether the partner may have controlled or influenced the young person

To learn more about sexual exploitation, click here.

b) Sexual interference

The offence of sexual interference makes it a criminal offence to touch a person under age 16 for a sexual purpose, with either your body or an object. (Criminal Code section 151).

c) Invitation to sexual touching

The offence of invitation to sexual touching makes it a criminal offence to encourage someone under 16 to touch another person's body for a sexual purpose, with either the young person's body or an object. (Criminal Code sections 151 and 152).

d) Voyeurism

In some circumstances, it is against the law to observe or record another person without them knowing about it, either in person or with a device like a video camera. This is prohibited when the person being recorded or observed has a reasonable expectation of privacy. Some (but not all) of the circumstances where hidden viewing or recording will be against the law include: (a) where the person being recorded is reasonably expected to be nude or engaged in sexual activity, or (b) where the observation or recording is made for a sexual purpose. (Criminal Code section 162).

To learn more about voyeurism, click here.

e) Child luring

It is against the law to use a computer system to communicate with a person who is under 18 for the purpose of facilitating certain sexual offences. In other words, this offence criminalizes using the Internet to communicate with underage people for the purpose of engaging in what would be illegal sex acts, e.g., using the Internet to ask a person under the legal age of consent to meet to have sex. (Criminal Code section 172.1).

f) Indecent acts

It is against the law to perform an "indecent act" in a public place in the presence of another person. Sex acts, such as masturbation, can fall under the definition of an "indecent act." It is also against the law to expose your genitals to a person under age 16 for a sexual purpose. (Criminal Code section 173).

Many of these sexual offences carry mandatory minimum jail sentences upon conviction and mandatory orders placing a person on the Sex Offenders Registry.

Penalties for Sexual Assault Convictions

The penalties for a sexual assault conviction include:

• Up to 18 months or 10 years in jail, depending on how the Crown elects to proceed.
• Longer sentences for aggravated sexual assault.
• Sex Offender Registration for 10 years to life.
• Deportation risks for non-citizens.
• Travel and employment restrictions.

Sentences range from no jail time at all up to a maximum of 18 months or 10 years, depending on whether the Crown proceeds by summary conviction or indictment. More serious charges — aggravated sexual assault or sexual assault causing bodily harm — can attract sentences up to life in prison.

Because sexual assault can cover a wide range of conduct — from touching someone over their clothing to full intercourse — there is no uniform sentence. Each case is assessed on its own facts.

A judge will weigh the offender's criminal record and personal circumstances alongside the specifics of the offence and the degree of violence involved. No two cases are the same.

A conviction also means registration in provincial and national sex offender databases for a period ranging from 10 years to life. During that time, the offender is subject to strict police supervision.

Non-citizens face potential deportation, and a sexual offence conviction will significantly affect work and travel options for years afterward.

Sex offenders registry

The Sex Offender Information Registration Act (SOIRA) requires convicted offenders to register their addresses, workplaces, and travel plans with police. This registry helps law enforcement track individuals convicted of sexual offences. Judges impose registry orders for offences such as sexual assault, sexual interference, and child pornography.

Sex Offender Registry orders last between 10 years and life, depending on the circumstances. Click here to learn more about Canada's Sexual Offender Registry.

Facing a Sexual Assault Charge? Contact Daniel Brown Law

If you or someone you know has been charged with sexual assault, call us now. Early intervention matters — what happens in the first days and weeks after a charge can shape the entire case. Call (416) 297-7200 to speak with our team.