Few charges carry the stigma — or the lasting consequences — of a sexual offence allegation. These cases are highly sensitive, often turn entirely on credibility, and are governed by complex evidentiary rules. Discreet, experienced representation is essential from the outset.

The Levels of Sexual Assault

Sexual assault is any non-consensual touching of a sexual nature. The Criminal Code sets out escalating offences based on the surrounding circumstances and the harm caused:

The Criminal Code also creates a range of related sex offences, including sexual interference, invitation to sexual touching, sexual exploitation, child luring, voyeurism, the non-consensual distribution of intimate images, and offences relating to child pornography. Many of these carry mandatory minimum sentences.

The Law of Consent

Consent is the central issue in most sexual assault cases. Under section 273.1, consent means the voluntary agreement to engage in the sexual activity in question, communicated at the time. There is no consent where:

• The complainant is incapable of consenting — including where they are unconscious or too intoxicated;
• Agreement is expressed by someone other than the complainant;
• Consent is obtained through an abuse of trust, power, or authority; or
• The complainant expresses, by words or conduct, a lack of agreement or a withdrawal of agreement.

The defence of honest but mistaken belief in communicated consent is tightly limited by section 273.2 and is not available where the belief arose from intoxication, recklessness, wilful blindness, or a failure to take reasonable steps to ascertain consent.

Consequences of a Conviction

• A criminal record for a serious personal-injury offence;
• Mandatory registration under the Sex Offender Information Registration Act (SOIRA);
• A DNA order and, in many cases, a weapons prohibition;
• Significant immigration and travel consequences; and
• Lasting effects on employment, professional licensing, and family law proceedings.

A Discreet, Rigorous Defence

Because these cases so often come down to one person's word against another's, effective and respectful cross-examination is frequently decisive. A skilled defence lawyer will scrutinize the reliability and credibility of the evidence, navigate the special rules governing a complainant's prior sexual history and private records, and bring Charter applications where your rights were violated — all while protecting your dignity and privacy.

This article is for general informational purposes only and does not constitute legal advice. Criminal law is fact-specific — contact a lawyer to discuss your situation.