Sexual assault is any non-consensual touching of another person where the touching is of a sexual nature, or where the sexual integrity of the alleged victim is violated. Sexual assault and related offences are treated with the utmost seriousness and are vigorously prosecuted by authorities. The Criminal Code sets forth severe consequences for those found guilty of sexual assault, including lengthy jail sentences, especially if the assault was committed with a weapon. Not only is prison likely, but registration on the Sexual Offender Registry is mandatory.
Even for those defendants who are ultimately found not guilty, the mere allegation of having committed a sexual assault can be enough to tarnish their reputations, destroy their careers, affect their parental rights and otherwise create horrible upheaval in their lives.
In order to determine if an assault was sexual in nature, a court may consider the parts of the body that were touched, the nature of that contact, the situation in which it occurred, and any words and gestures accompanying the act. The motives of the accused may also be taken into consideration. Since an essential element of sexual assault is non-consensual touching, the court may need to consider whether or not the sexual activity was in fact consensual. Consent can be a complex legal question involving such factors as the words and acts of the parties, intoxication, misuse of power or authority, and whether the alleged victim was of the age of consent.
Victims of sexual assault have had to endure a horrific experience the impact of which will be felt for the rest of their lives. But if you have been falsely accused of sexual assault, you are facing an ordeal of your own that puts your career, family, and freedom at risk. Given all that is at stake and considering the potential consequences of a conviction, it is essential that you retain an experienced criminal defence lawyer at the earliest opportunity who thoroughly understands the complexities of the law, knows how to protect your rights, and gives you the best chance of a positive outcome.
Since 1996, the law firm of Mitch Engel, Barrister & Solicitor has been providing clients throughout the Oshawa, Brampton, and Mississauga areas with top-level criminal defence representation, including the representation of individuals charged with sexual assault. Mitch focuses exclusively on criminal law and his extensive experience has given him excellent insight and strategic instincts about how to prepare and present the best possible defence in each unique case. His commitment to integrity, his passion and professionalism, and his excellent track record have earned him the respect of clients, colleagues, and courts throughout the Toronto area. A strong and zealous advocate, Mitch Engel stays available to his clients 24/7 and works on a block fee basis, meaning that his clients pay an initial retainer, which is then applied toward a fee for his services. He understands that his clients are making an investment in him, and works tirelessly to earn their trust and provide the advice and guidance they need. Call Mitch at (866) 761-7077 to get the legal advice you need to reclaim your life.