Woodbridge, Toronto, the GTA and Beyond: Info from Elias, Criminal Lawyer
- The Criminal Code defines sexual assault as any non-consensual physical contact that has a sexual nature.
- Unlike other offences, sexual assault cases often come down to what two people say happened behind closed doors.
- There's rarely video, and witnesses are uncommon. This means the credibility of both the complainant and the accused is everything (in the absence of a sexual assault or "rape" kit).
As a result, these are frequently "he said, she said" cases.
That's where having an experienced Toronto sexual assault lawyer and criminal lawyer matters most.
How Sexual Assault Cases Usually Start
Sexual assault charges often begin with a police interview, usually after someone files a complaint. The police may contact you asking for "your side of the story."
Don't give it.
Ever.
Even if you think it'll help, it won't. What you say can, and usually is, distorted by the prosecution and used against you later. See our FAQ on speaking to police.
The best move is to call a lawyer immediately before speaking to police. Remember: the less evidence they have, the better.
Why These Cases Are Tricky
The law around consent in Canada is extremely strict. It is difficult to rely on "implied consent," and the courts expect you to take active steps to make sure consent is clear and ongoing.
Thankfully, the defence of "honest but mistaken belief in consent," which is somewhat similar in practice to implied consent, does exist and is frequently used. Basically, we argue you believed there was consent, even though there wasn't.
The system can also feel one-sided, as the Crown often pursues these cases aggressively due to public and political pressure. Although sexual assault is rightly considered a serious offence, the harshness of the Crown with respect to sexual assault is real and palpable in the 2020s. For broader context on how the Crown approaches charges, see my guide to criminal trials in Toronto.
But it's important to remember that being accused does not mean being guilty.
Many sexual assault cases fall apart under scrutiny once we examine inconsistencies, messages, delays in reporting, or motives to fabricate. If you are the complainant and want to recant or withdraw, please read my post on victim affidavits first.
As a Toronto sexual assault lawyer, I focus on identifying these weaknesses early. Sometimes, that leads to a withdrawal or peace bond before trial, with no criminal record. Other times, it means preparing for trial and methodically dismantling the Crown's case.
How Sexual Assault Cases Are Resolved
There are a few paths a sexual assault case can take.
- If the allegations are weak, inconsistent, or relatively minor, the Crown might withdraw the charge after we present evidence or be open to resolution.
- In other cases, we may pursue a peace bond that avoids a criminal record entirely.
- More serious cases, or those with strong complainant testimony, may go to trial.
These cases are emotionally charged, and the Crown rarely wants to be seen as going easy. That said, with proper preparation, we can often create enough leverage to reach a reasonable outcome. Related charges may include assault, domestic violence, or uttering threats.
The Importance of Upfront Work
Like in many other cases, doing "upfront work" helps. Counselling, volunteering, or other rehabilitative steps can show you're serious about taking responsibility for any role you played.
I often tell clients that doing this work doesn't mean admitting guilt; it shows good faith and helps me negotiate from a stronger position. It can only help you, not hurt you.
Sometimes, our efforts make the Crown nervous.
Why? Because a judge might look at someone who's worked, volunteered, and stayed out of trouble and think, "This person deserves a second chance." A lenient sentence looks bad for the Crown.
And when the Crown is nervous, they settle.
Aggravating and Mitigating Factors
Aggravating (i.e., makes your case worse) factors in sexual assault include violence, use of weapons, repeat offences, or cases involving minors or vulnerable victims. These can increase potential jail time and make negotiations harder. For minors, see our youth offences page.
Mitigating (i.e., makes your case better) factors include being a first-time offender, showing genuine remorse, attending counselling, or providing a strong explanation that casts doubt on the allegations.
My job is to highlight every piece of mitigation that helps you and minimize the impact of aggravating factors.
Why You Need a Criminal Lawyer
Sexual assault charges carry lifelong consequences:
- criminal records,
- travel restrictions, and
- damage to your reputation.
Having a skilled criminal lawyer who understands both the legal and human side of these cases can make all the difference.
I help clients across Toronto, the GTA, and Ontario navigate this process, defend their rights, and work toward the best possible result. Legal Aid Ontario may also be available depending on your circumstances.
If you are charged or even being investigated for sexual assault, contact Elias Rabinovitch, Toronto criminal lawyer, for a confidential consultation. You do not have to go through this alone. Speak with a Toronto criminal lawyer who understands how these cases work, who knows the courts, and who will fight to protect your future.
