Toronto Sexual Assault Defence Lawyers
Sexual Assault
At Shikhman Barristers, a sexual assault allegation is approached through careful legal analysis, disciplined preparation and discretion throughout the proceeding.
These cases may involve disputed accounts, questions about consent, digital communications and specific evidentiary rules governing sensitive records and evidence of prior sexual activity.
The Allegation and the Legal Test
The Crown must prove every element of the offence beyond a reasonable doubt. The issues may include whether the alleged conduct occurred, whether there was consent and what the evidence establishes about the accused’s state of mind.
The allegation must be assessed according to the legal test and the admissible evidence, not assumption or public reaction.
Consent and the Circumstances
Consent is assessed in relation to the sexual activity in question and the circumstances in which it occurred. The law also governs when consent is absent or legally ineffective.
A responsible assessment requires careful review of the evidence and the instructions provided by the client. No conclusion should be drawn from a single message or isolated event without considering the complete record.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Credibility, Reliability and Corroborating Evidence
Where accounts differ, the defence examines credibility and reliability in the context of the entire case. Messages, photographs, location information, witness accounts and other records may provide important context.
Timing, internal consistency, external consistency and missing information may all affect how the evidence is assessed.
Applications Concerning Records and Other Evidence
Sexual offence proceedings contain specific rules governing the use of certain records and evidence of prior sexual activity. Material cannot be introduced simply because one party considers it relevant.
The defence must identify the proper legal test, bring any required application and address privacy, prejudice and the right to make full answer and defence.
Privacy and Professional Consequences
A sexual assault allegation can affect employment, education, immigration status, relationships and reputation before any finding is made.
Sensitive information is handled as part of the professional relationship. The firm does not use client matters as promotional stories or publish private details to demonstrate past results.
Does Every Case Proceed to Trial?
No. The course of the matter depends on the evidence, the legal issues, discussions with the Crown and the instructions of the client. Decisions about trial should be made after the available record has been reviewed.
When to Contact a Lawyer
Contact a criminal defence lawyer as soon as an arrest occurs or a surrender is being considered. Early advice allows time to identify possible sureties, gather relevant information and prepare the proposed release plan.
SPEAK WITH OUR FIRM
Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
*Submitting this form does not create a lawyer-client relationship. Please do not include confidential or time-sensitive information. Shikhman Barristers must confirm that it is able to act before a lawyer-client relationship is established.