Harm, Aggravated and Sexual Assault Lawyer Toronto

Have trial. Will wear gloves.

Domestic Assault, Sexual Assault, Child Pornography, Human Trafficking

The mere stigma of being accused of any crime is horrible, let alone a sexually relate offence or an offence against a child like possession of child pornography or human trafficking. No matter how minor the allegation, the mere suggestion can damage your reputation. It is understandable if you are wondering who is going to be on your side. You have come to the right person. I understand what you are going through because I have successfully defended many people like yourself. 

So, for example, do any of these scenarios sound familiar? You hooked-up on a social media dating site or you just met at a bar. Now she says you sexually assaulted her, or you find out that she didn’t tell you her real age. A person you have not seen for several years now claims you sexually assaulted her, or you touched her child. Your girlfriend’s child decided to point a finger at you or a relative came forward and has accused you. One of your patients or clients went to the police. You think you are innocently flirting with a person at the gym and now the police have arrested you for criminal harassment. Your divorce is acrimonious, and your spouse now claims you abused her and your child. Or you did not know what you were clicking. I have successfully defended people like you against these accusations. 

A conviction for sexual assault, sexual interference, sexual exploitation, or other sexually related or child related offence, has grave consequences. Depending upon the severity of the assault, jail is a real possibility and registration on national or provincial sex offender registries mandatory.

I bring with me years of experience successfully prosecuting sexual assault and assault related cases, now I use that experience and knowledge to successfully defend you. 

There is hope. If you have been charged with sexual assault, sexual interference, sexual exploitation, or a human trafficking offence, call me. Either my associate Angelo Veneziano or I will take care of you. 

“Have a sexual assault related trial. Will wear gloves.”

If you are charged with domestic assault, sexual assault, or related offence, check your computer or mobile phone for emails, text messages, or voice mails. Check every social media site you use. Instagram, Facebook, X, your dating app, is a treasure trove of defence evidence.

What is a sexual assault charge in Toronto?

Section 271 of the Criminal Code outlines the definition of sexual assault. It encompasses any non-consensual sexual activity, including undesirable sexual touching, kissing, fondling, rape, and attempted rape. Consent is a crucial factor, and the absence of it may result in a sexual assault charge.

In Canada, sexual assault offences are treated with the utmost severity due to the considerable harm they can inflict on victims. Such offences violate personal boundaries, dignity, and mental and physical well-being, making them a matter of significant concern in Canadian society and law enforcement. Because of this, the legal system is designed to impose severe consequences on those convicted of such acts.

The type of prosecution, either an indictable offence or a summary offence, depends on the nature and severity of the offence. Nevertheless, regardless of the categorization, all sexual assault offences are treated seriously by the Canadian legal system. The goal is not only to penalize offenders but also to deter potential future offences and to uphold the rights and safety of individuals in society.

What qualifies as sexual assault?

Sexual assault encompasses a broad range of unwanted sexual actions, which can be categorized in numerous ways depending on various factors, such as the nature of the assault, the use of force or coercion, and the severity of harm. Nevertheless, the key factor in all forms of sexual assault is the lack of consent from the victim. Here is a non-exhaustive list of sexual assault categories:

  • Sexual touching or fondling
  • Rape or attempted rape
  • Sexual assault with a weapon
  • Aggravated sexual assault
  • Drug-facilitated sexual assault
  • Sexual harassment
  • Child sexual abuse or molestation
  • Marital rape
  • Incest

What are the 3 levels of sexual assault?

Sexual assault can be categorized into three levels under Canadian law, each one reflecting the severity of the act:

Sexual Assault (First Degree)

This is the base level of sexual assault, which involves any form of unwanted sexual contact without the victim’s consent. This can include inappropriate touching, kissing, or groping. The key element here is the absence of consent. The maximum sentence for this level of assault is 10 years in prison if prosecuted by indictment and 18 months if prosecuted summarily.

Sexual Assault with a Weapon, Threats to a Third Party, or Causing Bodily Harm (Second Degree)

This involves sexual assault accompanied by additional harmful acts, like carrying a weapon, threatening harm to another person, or causing bodily harm to the victim. This raises the maximum sentence to 14 years.

Aggravated Sexual Assault (Third Degree)

This is the most severe form of sexual assault. It involves the perpetrator wounding, maiming, disfiguring, or endangering the life of the victim during the assault. The maximum sentence for this level of assault can be up to life imprisonment.

How long can you go to jail for sexual assault in Toronto?

Sex-related offences can be prosecuted in two ways: as an indictable offence or as a summary offence.

Indictable Offences

Indictable offences are considered more serious sex crimes. Examples of these include sexual assault with a weapon or aggravated sexual assault. Due to their severity, the penalties for indictable offences are typically harsher, with prison terms ranging from one to 14 years. The exact sentence within this range depends on various factors such as the specifics of the crime, whether the offender has prior convictions and other aggravating or mitigating circumstances. Furthermore, under certain conditions, some indictable offences can carry a life sentence, such as aggravated sexual assault.

Summary Offences

On the other hand, summary offences are considered less serious. They are often simpler cases, handled more quickly, and the penalties reflect this lesser severity. Nonetheless, a summary conviction on a sexual offence can still result in substantial punishment, including up to 18 months in jail. This category might include less severe instances of sexual assault where no physical harm was inflicted on the victim.

How long does someone convicted of a sexual offence remain on the sex offender registry in Toronto?

The goal of the sex offender registry in Canada is to aid police in investigating sex crimes by providing them with a list of potential suspects who have been convicted of sexual offences. Individuals convicted of a sexual offence in Ontario are required to register on two sex offender databases: one at the provincial level and one at the federal level.

The shortest period of registration is ten years. If the offender is convicted of a crime with a potential maximum sentence of 10 or 14 years, they will have to stay registered for 20 years. If the maximum possible sentence for the crime is life imprisonment, then they must remain on the registry for life. Furthermore, those found guilty of multiple sex-related offences are obligated to be listed on the registry for life as well.

Do any one of these scenarios sound familiar to you? You hooked-up on Tinder. Now the person says she did not consent or –worse, she didn’t tell you her real age.

A person you have not seen for several years now claims you touched her child.

You think you are innocently flirting with a person at the gym and before you know it the police arrest you for criminal harassment.

You have to be careful in these times.

The mere stigma of being accused of any crime, let alone sexual assault, no matter how minor the allegation, can irreparably damage a person’s reputation. It is understandable to wonder, “Who is going to be believe me?” Sam Goldstein will.

Convictions for sexual assault, sexual interference, sexual exploitation or other sexually related offences, have grave consequences. Depending upon the severity of the assault, jail is a real possibility) and registration on national and provincial sex offender and DNA databases is mandatory.

Sam Goldstein brings his years of experience successfully prosecuting sexual assault and assault related cases when he was an Assistant Crown Attorney to successfully defending people like you from these charges.

Each case has its own particular facts, and to each person accused of this type of offence, the defence is extremely important. Sexual assault cases typically benefit from extensive pretrial investigation, preparation, and knowledge of possible defences. For example, you may have had an honest but mistaken belief in consent, you may have engaged in the identical sexual activity on prior occasions that the complainant now claims was not consensual, or you may want access to therapeutic records, if any, that will reveal contradictions in the complainant’s story.

If you are charged with sexual assault, related crime or, criminal harassment, threats or even a simple assault, check your computer or mobile phone for emails, text messages, or voice mails. Sam Goldstein is the first lawyer in Canada to qualify an expert in the use of social media to explain away threatening comments as mere innocent exaggeration and one of the first lawyers to start using social media, such as Facebook, as a treasure trove of defence evidence.

If you have been charged with an assault related offence, such as aggravated assault or assault with a weapon, you have defences. The fight might have been consensual. You may have had the lawful right to use reasonable force to defend yourself.

There are defences even when the altercation took place between spouses. You need to speak to a lawyer. You need to speak to Sam Goldstein Criminal Law: Trials & Appeals.

R. v. D.S. -Utter threats: Comments on Facebook were exaggerations.

R. v. B.: -Criminal Harassment: Comments on Facebook indicated complainant did not fear defendant.

R. v. T.: -Sexual Exploitation: Text messages to child’s friend showed animus against step-father.

R v. G.M. –Sexual Assault: Defendant had an honest but mistaken belief in consent.

R v. B.W. –Aggravated Sexual Assault: Prior history of deceitful conduct made complainant not credible.

R. v. S.E. –Sexual Exploitation: Defendant unaware of complainant’s true age.

R. v. M. –Assault Bodily Harm: Defendant used reasonable force to defend himself against his father.

Want a different type of lawyer?

I welcome your first contact at any time and will offer an initial assessment of your legal case if it falls within my focus of practice.
To formally engage my services as your defence lawyer, I will offer you a Letter of Engagement, which you will sign as acceptance. Your initial payment, by cheque or VISA/MasterCard, is due at that time.

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