Sexual Assault Lawyers Toronto

Toronto Sexual Assault Lawyers: Experienced Criminal Defence

Sexual assault accusations carry severe consequences, making a strong legal defence essential. A conviction can result in significant jail time, mandatory DNA collection, compliance with the Sex Offender Registry, and social stigma. Choosing the right lawyer can make a crucial difference in defending against these charges. Daniel Brown Law ranks among Canada’s top criminal defence firms, specializing in sexual assault, sexual interference, and sexual exploitation cases. Our legal team frequently defends clients in Toronto courthouses and elsewhere in the GTA including Newmarket, Oshawa, Brampton, and Milton.

Why Choose Daniel Brown Law?

Daniel Brown, a highly sought-after sexual assault defence lawyer, is a leading authority on sexual offence cases in Canada. Post City Magazine recognizes him as one of Toronto’s Top Criminal Lawyers. Canadian Lawyer Magazine has repeatedly named his firm one of Canada’s Top Criminal Law Boutiques, and Best Lawyers ranks it among the nation’s best criminal defence firms. Daniel himself has earned a spot in Best Lawyers in Canada for his work in Criminal Defence.

As an author of a best-selling legal textbook on defending sexual assault charges, Daniel’s insights shape legal arguments across Canada. Judges, prosecutors, and fellow defence lawyers frequently consult and cite his work. Learn more about Daniel’s book on Prosecuting and Defending Sexual Offence Cases.

A designated specialist in criminal law, Daniel regularly provides expert commentary on high-profile sexual assault cases. He understands the damaging effects of negative media coverage and has extensive experience managing public perception. By working with media outlets, he ensures that acquittals and withdrawn charges receive as much publicity as initial allegations.

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 outstanding courtroom skills. One judge described his performance in court 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

Understanding sexual assault laws is critical to building a strong defence. Below are key aspects of 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 for sexual assault, the prosecutor must demonstrate three elements:

• 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

After the prosecutor has proven that an assault took place, they must then prove that the assault was “sexual in nature” or for a “sexual purpose“. To prove an assault is “sexual in nature”, courts consider the body part touched, nature of the contact, and the intent of the person when engaged in the touching.

A sexual assault does not require the prosecutor to prove the accused person received sexual gratification to prove a sexual assault. For example, An intentional kick to another person’s genitals may be a sexual assault even if the person committing the assault did not receive sexual gratification from their actions. Intent is only one of many factors a judge considers in a sexual assault trial.

c) Consenting to sexual activity

The issue of consent is often a grey area in sexual encounters, because both parties’ perceptions of the sexual encounter may be very different. The trial judge will first look at the issue of consent from the complainant’s point of view at the time the touching occurred – not whether the complainant regretted the sexual contact at some later point in time. The judge will also consider the accused person’s account of the sexual activity before making a determination about whether there was or was not consent to the touching that took place.

A judge must resolve whether someone consented to sexual activity before concluding that a sexual assault occurred. Consent must be voluntary, informed, and ongoing. Courts assess words, actions, and steps taken to confirm consent was given. Wrongly believing that silence, passivity or ambiguous behaviour by the complainant demonstrated their consent is not a legal defence to a sexual assault charge.

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

The age of consent is the age that someone can legally agree to participate in sexual activity . Canada’s age of consent laws apply equally in every Province and Territory to all forms of sexual activity, ranging from kissing and fondling to sexual 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

Demonstrating that consent to sexual activity was given and not withdrawn is a complete defence to sexual assault accusations. Testimony from the witnesses, text messages before and after the sexual encounter, and other evidence including photographs and videos can demonstrate that consent was given.  

Honest but mistaken belief in consent

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

Identity

DNA evidence, forensic evidence  and eye witness evidence can establish the identity of a sexual assault suspect. In some cases, the prosecutor cannot prove the identity of the suspect which results in an acquittal.

No sexual touching occurred

A person can deny that the touch was sexual in nature or that the sexual touch happened at all. 

Accident

A person may also explain that any sexual touching that happened was accidental. Only intentional touches are potentially criminal.

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

Courts impose strict rules on questioning a complainant about past sexual history. Defence lawyers must seek court approval before introducing this evidence. The judge may allow questions about a complainant’s past sexual history with the defendant or someone else if it is relevant to an issue in the case and has significant probative value. 

Speaking with the police about the sexual assault allegation

Consulting an experienced criminal defence lawyer before speaking to police is crucial. Even if you believe you are innocent, statements can be used against you. Police often lay charges based on the complainant’s account, making legal guidance essential.

Other Sexual Offences

Beyond sexual assault, Canada’s Criminal Code includes charges such as:

• 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 come with mandatory minimum jail sentences upon conviction, and mandatory orders that a person be listed on the Sex Offenders Registry.

Penalties for Sexual Assault Convictions

Sexual Assault convictions carry severe penalties, including:

• Up to 18 months or 10 years in jail, depending on case severity.

• Longer sentences for aggravated sexual assault.

• Sex Offender Registration for 10 years to life.

• Deportation risks for non-citizens.

• Severe travel and employment restrictions.

Sentences for sexual assault range anywhere from no time in jail at all, to a maximum of 18 months or a maximum of 10 years in jail, depending on whether the Crown proceeds by “summary conviction” or by “indictment”. Other types of more serious sexual offences including aggravated sexual assault or sexual assault causing bodily harm can attract even higher jail sentences up to life in prison.

Since a sexual assault allegation can cover a wide range of behaviour – from touching someone over their clothing to full intercourse – each case is considered individually.

Judges will  decide on a sexual offence sentence after considering factors such as the person’s criminal record and their personal circumstances as well as the circumstances of the case and the degree of brutality of the sexual assault. Each case is unique and is decided on their own facts.

Someone convicted of a sexual assault also faces the stigma of being registered in provincial and national databases for sex offenders between 10 years and life. They are also strictly supervised by the police for a lengthy period of time.

Non citizens can face deportation and being convicted of a sexual offence charge will severely limit their work and travel options.

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 for a period of between 10 years to 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 is facing a sexual assault charge, immediate legal assistance is crucial. Our experienced legal team can develop the best defence strategy tailored to your case. Call (416) 297-7200 today for a consultation.