Toronto
Sexual Assault Lawyers
If you have been charged with Sexual Assault you need a criminal lawyer with a proven track record of success.
We have an excellent success rate in sexual assault cases. Our mission is to have your charges withdrawn and no criminal record.
Our sexual assault cases are dealt with urgency and the highest priority.
10+
Years of Experience
1000+
Clients Served
200+
Over 200 5 Stars Google Reviews
10+
Years of Experience
1000+
Clients Served
200+
Over 200 5 Stars Google Reviews
Experienced Criminal Defence for Sexual Assault Charges
Why Choose Motevalli Law Group for Sexual Assault Defence
Our team is recognized for excellence in criminal defence. Motevalli Law Group has a proven track record in defending sexual offence cases, helping clients protect their freedom, reputations, and futures. Our lawyers understand the severe consequences of sexual assault allegations and provide tailored strategies for each case.
Key reasons to choose our firm:
Understanding Sexual Assault in Canada
Sexual assault is defined as any assault of a sexual nature that violates another person’s sexual integrity. To obtain a conviction, the Crown must prove three elements:
- The accused intentionally touched the complainant.
- The touching was sexual in nature.
- The complainant did not consent.
Defining Consent
Consent must be voluntary, informed, and ongoing. Silence, passivity, or ambiguous behaviour does not constitute consent. A person cannot legally consent if:
- They are underage or below the age of consent.
- They lack the mental capacity to consent due to intoxication, unconsciousness, or illness.
- Consent is obtained through abuse of power, trust, or authority.
- They explicitly refuse or withdraw consent.
Defences Against Sexual Assault Charges
Consent
Domestic assault charges often arise in Demonstrating that sexual activity occurred with voluntary consent.
Mistaken belief in consent
The accused honestly believed the complainant consented.
Identity
Challenging the Crown’s evidence on the identity of the perpetrator.
No sexual touching occurred
Denying the sexual nature or occurrence of the alleged act.
Accidental touching
Showing the act was unintentional or reflexive.
Our lawyers also understand the strict rules regarding challenging a complainant’s credibility and will carefully navigate the courtroom while protecting your rights.
Other Sexual Offences
Beyond sexual assault, Canada’s Criminal Code includes:
Sexual exploitation
Engaging in sexual activity with someone aged 16-17 in a position of trust or authority.
Sexual interference
Touching a person under 16 for sexual purposes.
Invitation to sexual touching
Encouraging someone under 16 to touch another person sexually.
Voyeurism
Secretly recording or observing someone in a private setting.
Child luring
Using the internet to communicate with a minor for sexual purposes.
Indecent acts
Performing sexual acts in public or exposing genitals to a minor.
Many of these offences carry mandatory minimum sentences and registration on the Sex Offender Registry.
Our Track Record of Success
Each success story is the result of meticulous preparation, legal expertise, and a relentless pursuit of justice. We take pride in defending our clients with integrity and delivering strong outcomes in even the most challenging cases.
Age of Consent in Canada
- The general age of consent is 16 years old.
- 14-15-year-olds can consent if their partner is less than five years older and there is no exploitative relationship.
- 12-13-year-olds can consent if their partner is less than two years older and no abuse of authority exists.
Sex Offender Registry
Under the Sex Offender Information Registration Act (SOIRA), individuals convicted of sexual offences must register their addresses, workplaces, and travel plans with law enforcement. Registry orders can last 10 years to life, depending on the offence.
Penalties for Sexual Assault
Jail time
Jail sentences ranging from 18 months to 10 years, depending on the offence and whether it is aggravated.
Deportation
Deportation or immigration consequences for non-citizens
The severity of penalties varies depending on the nature of the assault, the accused’s criminal history, and the circumstances of the case.
Inclusion
Mandatory inclusion in the Sex Offender Registry for 10 years to life.
Restrictions
Travel and employment restrictions
Supervision
Long-term social stigma and supervision by law enforcement.
The severity of penalties varies depending on the nature of the assault, the accused’s criminal history, and the circumstances of the case.
Defending Sexual Assault Charges in Toronto
Defending against sexual assault allegations requires skill, experience, and a strategic approach. Motevalli Law Group develops individualized defence strategies for every client, reviewing evidence, witness statements, and legal technicalities to build the strongest possible case.
Sexual Assault Lawyer Toronto FAQ
Frequently asked questions about Sexual Assault and how to defend in Toronto.
What is considered sexual assault in Canada?
In Canadian criminal law, sexual assault is any form of non-consensual touching of a sexual nature that violates a person’s sexual integrity. The Criminal Code groups sexual assault into different levels (sexual assault, sexual assault with a weapon or causing bodily harm, and aggravated sexual assault), but the central idea is the same: there must be contact, it must be sexual in nature, and there must be an absence of valid consent.
Consent is defined as the voluntary agreement to engage in the specific sexual activity in question. Silence, fear, intoxication, pressure, or power imbalance can all raise serious issues about whether true consent existed. The law also lists situations where there is no consent in law, such as when a person is incapable of consenting, when someone in a position of authority abuses that power, or where a person clearly indicates they do not want to continue.
Because the stakes are so high, anyone under investigation or charged should speak to a sexual assault lawyer in Toronto as early as possible. A focused defence team can review the disclosure, examine how police handled the investigation, and assess whether the evidence actually meets the legal test for sexual assault. The dedicated Sexual Assault Lawyer Toronto page explains how Motevalli Criminal Lawyers approaches these cases, while the firm’s broader work on related allegations – such as domestic assault, drug charges, and theft and fraud – is outlined across the main criminal defence site.
What should I do if police contact me about a sexual assault allegation?
If police in Toronto call you about a sexual assault allegation and ask you to “come in and tell your side of the story,” it is critical to remember that you are not having a casual conversation you are being investigated for a serious criminal offence. Anything you say, even when you are trying to be honest and helpful, can be recorded, summarized in notes, and later used in court.
Before you meet with police or agree to an interview, you should exercise your Charter right to speak with a lawyer privately. A seasoned sexual assault lawyer Toronto clients trust will help you understand what the allegation is, what risks you face, and whether giving a statement is in your best interests. In many cases, it is safer to decline to answer questions and let your lawyer communicate on your behalf.
Your lawyer can also begin protecting you immediately by:
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Explaining whether you are under arrest, detained, or free to leave
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Advising you on your right to silence and how to assert it politely
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Preparing you for possible arrest and a bail hearing, if police decide to lay charges
If charges are laid, Motevalli Criminal Lawyers can coordinate a strategy that starts with bail (through the firm’s bail hearing lawyers) and carries through to full defence at trial. If the same situation involves domestic allegations, the firm’s domestic assault defence team can address overlapping issues such as no-contact orders and access to children.
How does the law define consent in sexual assault cases?
Consent is often the central issue in a sexual assault trial. Under the Criminal Code, consent means the voluntary agreement of the complainant to engage in the sexual activity in question. Consent must be active, ongoing, and present at the time of the activity not assumed from silence, previous intimacy, or the absence of resistance.
The law also spells out situations where there is no consent in law, including when:
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Someone else “consents” on the person’s behalf
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The person is intoxicated or otherwise incapable of consenting
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Consent is obtained by abusing a position of trust, power, or authority
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The person communicates, by words or conduct, that they do not agree or no longer agree
In addition, Canadian law restricts when an accused can rely on a defence of “honest but mistaken belief in consent.” A belief based on self-induced intoxication, recklessness, or failure to take reasonable steps to confirm consent is not a defence.
A knowledgeable sexual assault defence lawyer in Toronto will carefully analyze the complainant’s statements, messages, context, and surrounding circumstances to see whether the Crown can actually prove the absence of consent beyond a reasonable doubt. When the same case includes relationship-based allegations, the team may also draw on the firm’s experience as a domestic assault lawyer in Toronto. For more about how Motevalli Criminal Lawyers approaches consent issues, visit the Sexual Assault Lawyer Toronto page.
What are the possible penalties and long-term consequences of a sexual assault conviction?
Sexual assault offences carry some of the most serious penalties in Canadian criminal law. Depending on the level of the offence, the age of the complainant, whether a weapon was used, and the Crown’s election (summary or indictable), a person convicted can face anything from probation and community-based sentences to lengthy jail terms measured in years.
Beyond immediate sentencing, the long-term consequences of a sexual assault conviction are often life-changing:
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A permanent criminal record for a sexual offence, which can severely limit employment and volunteer opportunities
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Registration on sex offender registries, with ongoing reporting requirements in some cases
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Serious immigration and travel issues, including inadmissibility to certain countries
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Impact on family law matters, including custody, access, and support disputes
Because of this, retaining an experienced sexual assault lawyer in Toronto is critical. Your defence team will look for weaknesses in the Crown’s case, potential Charter breaches, and opportunities to negotiate outcomes that may reduce the risk of a conviction where appropriate. In cases that also involve other charges such as domestic assault, drug offences, or fraud, Motevalli Criminal Lawyers coordinates strategy across all files so that each decision is made with the full long-term picture in mind.
Contact Motevalli Law Group
If you or a loved one is facing a sexual assault charge, immediate legal guidance is critical. Contact Motevalli Law Group to speak with an experienced Toronto sexual assault lawyer. We will review your case, explain your options, and help protect your freedom, reputation, and future.