Knowledge

Fighting Sexual Crime Charges in Ontario: A Legal Guide

January 2023

Titan Defence is a criminal law firm in Ontario with a dedicated team of legal experts who specialize in fighting sexual crime charges. We understand the gravity and sensitivity of these types of cases and work tirelessly to defend the rights of our clients. Our goal is to provide comprehensive and aggressive representation in order to achieve the best possible outcome for our clients. With years of experience and a deep understanding of the laws and legal processes surrounding sexual crime charges in Ontario, we are well-equipped to guide you through this difficult time and protect your rights.

What is Considered a Sexual Crime in Ontario?

Under Ontario law, sexual crimes are considered to be any criminal offense that involves sexual conduct or behavior. Some examples of sexual crimes include:

Sexual Assault: This is any unwanted sexual contact, ranging from unwanted touching to rape.
Sexual Exploitation: This refers to when someone in a position of trust or authority, such as a teacher or coach, uses their power to sexually exploit someone under their care.
Child Pornography: This refers to the production, distribution, or possession of any material that shows a person under 18 years of age engaging in sexual activity.
Human Trafficking: This refers to the recruitment, transportation, or harboring of people for the purpose of sexual exploitation or forced labor.
Prostitution-related offenses: This includes keeping a common bawdy-house, living off the avails of prostitution, procuring or trafficking in persons for the purposes of prostitution.
Indecent exposure and voyeurism: This refers to exposing oneself in public or secretly observing someone in a place where they have a reasonable expectation of privacy.

The Importance of Fighting Charges of Sexual Crimes

It is extremely important to fight charges of sexual crimes because the consequences can be severe and long-lasting. A conviction for a sexual crime can result in a prison sentence, fines, and a criminal record that can affect many aspects of a person's life.

A criminal record for a sexual offense can make it difficult to find employment, housing, and can even restrict travel to certain countries. It can also affect personal relationships and reputation in the community. For some sexual crimes, the accused may be required to register as a sex offender, which can have a significant impact on their personal life, family, and future opportunities.

What to do if you are charged with a sexual crime

When first charged with a sexual crime, it’s important to keep these things in mind:

First, remain silent and don’t speak to anyone including the police, about the charges against you until you have consulted with an experienced criminal defence lawyer. Your lawyer will be able to advise you on how to interact with law enforcement and can speak on your behalf.

Next, it is important to seek legal representation as soon as possible. An experienced criminal defence lawyer will be able to guide you through the legal process and can help you to understand the charges against you, the potential consequences of a conviction, and the options available for defending yourself.

It is also important to gather any evidence that may be relevant to your case. This could be documents, photographs, or witness statements. This information can be used to help build your defence.

You should also be prepared to be patient, as the legal process can take time. It's important to keep in mind that the legal process can be complex and can take a long time to resolve.

Finally, look after yourself emotionally and physically. Being charged with a sexual crime can be an extremely stressful and emotional experience, so get some support if you need it.

How a Sexual Assault Allegation is Investigated

The typical process of how a sexual assault allegation in Toronto is investigated is as follows:

The Alleged Assult is Reported: The first step in the process is for the alleged victim to report the sexual assault to the police. This can be done by calling 911 or by visiting a police station in person.

Initial Investigation: Once the report is made, the police will conduct an initial investigation. This may include interviewing the alleged victim, gathering evidence, and identifying potential witnesses.

Forensic Examination: If the alleged victim consents, they may be taken to a hospital for a forensic examination, also known as a "rape kit." This examination is conducted by a specially trained nurse and is used to collect DNA evidence and other physical evidence related to the alleged assault.

Arrest and Charge: If the police have gathered enough evidence to support the allegations, they may arrest and charge the suspect with sexual assault. The suspect will be taken into custody and will likely be held in jail until their bail hearing.

Bail Hearing: A bail hearing is a court hearing where a judge will decide whether the accused should be released from custody while they await trial.

Pre-trial and trial: After the bail hearing, the accused will have a pre-trial conference and later a trial. The prosecution will present evidence to support the charges, and the defence will have an opportunity to present evidence and cross-examine witnesses. If the accused is found guilty, they will be sentenced by the court.

It's important to note that the investigation and prosecution process may vary depending on the specific circumstances of the case. The whole process can take months and even years and it's important to have legal representation throughout.

Why It Is Important To Seek Experienced Legal Advice When Charged With A Sexual Crime

Being charged with a sexual crime can be a difficult and emotional experience, and it is important to seek experienced legal advice as soon as possible. The lawyers at Titan Defence can guide you through the legal process and can help you to understand the charges against you, the potential consequences of a conviction, and the options available for defending yourself. We can also advise you on how to interact with law enforcement and can speak on your behalf.

Titan Defence is a law firm in Toronto, Ontario, with a team who specialize in fighting sexual crime charges. We have years of experience and a deep understanding of the laws and legal processes surrounding sexual crime charges in Ontario. Our goal is to provide comprehensive and aggressive representation in order to achieve the best possible outcome for their clients. We understand the gravity and sensitivity of these types of cases and work tirelessly to defend the rights of our clients. The expertise and knowledge of an experienced criminal defence lawyer can make a significant difference in the outcome of a sexual crime case, and can help to protect your rights and your future.

Innocent Until Proven Guilty

It’s important to keep in mind that if you are facing a sexual assault charge, you are presumed innocent until proven guilty. This means that the burden of proof is on the prosecution, who must present evidence that proves beyond a reasonable doubt that you committed the crime. The right to be considered innocent until proven guilty is a fundamental principle of criminal law, and it ensures that everyone is given a fair trial.

At Titan Defence, we understand that being charged with a sexual crime can be a difficult and emotional experience, and the accusations can be damaging to your reputation and future opportunities, even if the charges are later dropped or you are found not guilty.

It's crucial to have legal representation such as one of our lawyers help you navigate the legal process, to ensure that your rights are protected and that you are given a fair trial. An experienced criminal defence lawyer can help you to build a strong defence and to challenge the evidence presented by the prosecution, and to work towards the best possible outcome in your case.

Possible Sentences for a sexual crime conviction

A conviction for a sexual crime in Ontario can result in a wide range of sentences depending on the specific offense, the circumstances of the case, and the offender's criminal history.

For example, a conviction for sexual assault can result in a prison sentence of anywhere from probation to life imprisonment. The length of the sentence will depend on the circumstances of the case and the offender's criminal history.

In addition to the prison sentences, a conviction for a sexual crime can also result in fines, a criminal record, and the requirement to register as a sex offender.

It's important to note that the sentences for sexual crimes in Ontario have recently increased, and that the court may also consider different factors such as degree of violence, the age of the victim, the relationship with the victim, the use of weapons or drugs, among others. It is important to seek legal advice as soon as possible to understand the potential consequences of a conviction and to work towards the best possible outcome in your case.

Contact Titan Defence Today

If you have been charged with a sexual crime in Ontario, it is crucial that you seek experienced legal representation as soon as possible. At Titan Defence, our mission is to uphold the pillars of justice and to ensure that your rights have not been breached. Our team of top criminal lawyers has years of experience in fighting sexual crime charges and is dedicated to providing comprehensive and aggressive representation in order to achieve the best possible outcome for our clients. We understand the gravity and sensitivity of these types of cases and work tirelessly to defend the rights of our clients. Don't hesitate, contact us today, and let us fight for your rights and justice. Trust us to guide you through this difficult time and protect your rights.

Author: Titan LLP

NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.