Being charged with sexual assault is one of the most serious and stressful experiences anyone can face. In cities like Brampton, Mississauga, and Toronto, these charges carry not only severe legal penalties but also lasting personal and professional consequences. If you’ve been accused, it’s crucial to understand the trial process, your rights, and how an experienced criminal defence lawyer can help protect your future.
Under Section 271 of the Criminal Code, sexual assault occurs when there is non-consensual sexual contact. The key issue in most cases is consent — whether the complainant voluntarily agreed to the sexual activity.
The Crown must prove beyond a reasonable doubt that:
Each of these elements must be proven for a conviction. If there is any reasonable doubt, the court must acquit.
First Appearance & Disclosure
After being charged, the accused will receive the Crown’s disclosure package — police notes, witness statements, videos, and other evidence. Reviewing this material carefully with your lawyer is the foundation of your defence.
Pre-Trial Discussions
Before trial, your lawyer can engage in resolution discussions with the Crown. Depending on the strength of the case, this could lead to a withdrawal, peace bond, or reduced charges. If the matter proceeds to trial, strategic preparation begins.
Preliminary Inquiry (if applicable)
For more serious sexual assault allegations (such as those with significant harm or involving a weapon), a preliminary inquiry may be held to test the strength of the evidence.
Trial
At trial, both sides present their evidence. The complainant typically testifies first, followed by cross-examination by defence counsel. The accused may choose to testify, though this is not mandatory.
The goal of the defence is to expose inconsistencies, memory gaps, or motive to fabricate, raising reasonable doubt about the complainant’s version of events.
Judgment and Sentencing
If the accused is acquitted, the case ends. If convicted, sentencing follows — penalties can range from probation or conditional discharge to jail time and mandatory registration on the Sex Offender Registry.
A strong defence is built on careful preparation and evidence review. Common approaches include:
Consent and Honest but Mistaken Belief in Consent
The defence may argue that the accused honestly believed consent was given, supported by the circumstances and communications between the parties.
Inconsistencies in the Complainant’s Testimony
Cross-examination often reveals contradictions between the complainant’s initial statement and trial testimony.
Motive to Fabricate or Delay in Reporting
Courts may consider whether personal disputes, relationship breakdowns, or custody conflicts contributed to a false allegation.
Charter Violations
If police breached the accused’s Charter rights (for example, unlawful search or denial of counsel), evidence may be excluded.
In sexual assault cases, timing and strategy are critical. Early legal advice ensures that:
A skilled criminal defence lawyer in Brampton, Mississauga, or Toronto can assess whether the case can be resolved early — or prepare for a full defence at trial.
A sexual assault accusation can damage your career, immigration status, and reputation — even before trial. With the right legal representation, many clients successfully defend against these charges, leading to acquittals, withdrawals, or alternative resolutions.
If you or someone you know is facing such allegations, contact a trusted defence lawyer immediately to discuss your rights and next steps. Confidential consultations are available.