A Toronto criminal defence lawyer is needed when defending a sexual assault charge because the Canadian justice system has strict laws that protect complainants in sexual assault cases. These laws are meant to safeguard the complainants but can be very difficult to scale for an innocent defendant. At Calvin Barry Law, if we feel that a certain detail is important for defence, we find a way to present this piece of information legally. We are committed to providing you the sexual assault defence that you deserve.
Sexual assault is a highly traumatizing personal crime. It is considered as one of the most serious criminal charges in the Canadian criminal justice system.
Sexual assault is defined in the Canadian Criminal Code as a “sexual contact with another individual without that individual’s consent”. As such, the Criminal Code criminalizes it under Section 271. Sexual assault with a weapon, causing bodily harm, or threats to a third party is criminalized under Section 272, and Section 273 criminalizes aggravated sexual assault.
The most important thing to determine in a sexual assault case is if consent was given. Consent is defined as “the voluntary agreement of the complainant to engage in the sexual activity in question with the accused” in Section 273.1(1) of the Canadian Criminal Code.
At Calvin Barry Law, we understand how much our law expertise can mean to someone involved in a case of sexual assault. It can be very challenging and stressful to face a charge of sexual assault emotionally, psychologically, and legally. As law practitioners, our team will put up a convincing argument for your defence as well as make sure that we have access to the tools needed to do so. One such tool for defence is access to the complainant’s medical records after a claim of rape or non-consensual sex. This can only be accessed by the defendant’s side and used as evidence if permitted by the judge. We will use our knowledge of the law to create a compelling argument to make this possible for your defence.
It is important to leave no stone unturned when forming a cohesive and strong defence for a case of sexual assault. Our team works with private investigators in cases where it is necessary to uncover details that are not readily available such as determining if the complainant may be lying along with the complainant’s possible reasons. We do not shy away from using DNA analysis and other advanced procedures when gathering evidence.
We are ready to prove that there was consent just as the Crown prosecutor will do the opposite. We will show that consent was consciously given by the complainant without coercion and threats or the use of drugs or alcohol by the defendant. We understand that consent can be withdrawn at any given time and we will do what we legally can to prove that it was not withdrawn if that is the case.
We advocate for fairness and justice. We are also aware that some figures of authority who have been wrongfully accused by their subordinates of nonconsensual sexual contact often face more hurdles getting justice because a common assumption is that consent may not be legitimately given in superior and subordinate encounters. In such cases and other scenarios described above, do not hesitate to reach out to us at Calvin Barry Law via 1-866-961-4963 if you’re looking for an experienced Toronto criminal defence lawyer. You deserve a criminal defence lawyer who advocates for you like Calvin Barry.
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Calvin Barry Professional Corporation
113 Front Street East
Toronto, Ontario
M5A 4S5
1-866-961-4963
Open from 9am – 7pm.
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