Calvin Barry Professional Corporation

Your Toronto Sexual Assault Defence Lawyer

We Will Defend Your Sexual Assault Allegations and Fight for Your Rights.

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.

30+

Years Experience in Criminal Law

100+

Judge and Jury Trials

Toronto Sexual Assault Defence Lawyers.
When Experience Matters.

Fighting hard for your case should be your priority when charged with sexual assault because a conviction means a mark on your life by way of a criminal record.

 

It is vitally important that you set yourself for the best defence possible by hiring an experienced domestic assault lawyer like Calvin Barry. 

What is Sexual Assault in Canada?

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.

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So You’ve Been Charged with a Sexual Offence

Our Sexual Assault Defence

At Calvin Barry Law, We Fight for Your Rights.

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. 

Reviews From Our Clients

The Latest From Our Criminal Law Blog

Legal Commentary

Chris Larsen Cleared as a Suspect in Homophobic Attack

Ottawa Redblacks Lineman Chris Larsen has been cleared as a suspect: “he’s not a person of interest,” said Larsen’s lawyer Calvin Barry on Tuesday. “At most, he’ll may be a witness when they get the people that did do what occurred.”

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News

The Calvin Barry Criminal Law Award – 2021 Recipients

The Calvin Barry Criminal Law Award is awarded to a 2L student at Lakehead University in Thunder Bay who achieves the highest mark in the Criminal Law course in the previous academic year. If two or more students achieve the same mark, the award will be shared equally.

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Legal Commentary

FAQ for Charges of Drug Possession in Ontario

The Crown Attorney must prove that the item in question involved in a drug possession case is indeed an illegal drug according to the definition set by the Controlled Drugs and Substances Act. Without a medical exemption, the following drugs are illegal to possess in Canada: cocaine, crystal meth, ecstasy, GHB, heroin, ketamine, LSD, magic mushrooms, opium and more.

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Contact Calvin Barry Today.

Calvin Barry is an experienced criminal defence lawyer and a sexual assault lawyer in Toronto with more than 30 years of expertise navigating the law.

 

Calvin Barry Law serves clients in Toronto, the Greater Toronto Area, and nearby areas in Ontario.