Sexual Assault Lawyer
Sexual assault is a criminal offence under section 271 of the Criminal Code. It covers touching of a sexual nature without consent, which must exist at the time of the activity. The maximum is 10 years by indictment. A sexual assault lawyer can review the evidence and consent issues.
A sexual assault allegation can change your life before any evidence is tested in court. You may be under release conditions that keep you away from your home, your workplace or people you know, and you may be worried about your job and your family. A sexual assault lawyer can explain where you stand and protect your rights from the start.
Aftermath Law is a criminal defence practice led by Dildeep Sahi. We defend sexual assault charges in Mississauga, Brampton and across Ontario. Our phone is answered 24/7, including if police have contacted you or asked you to come in for an interview.
What the Crown must prove
Sexual assault is an assault, as defined in s. 265, committed in circumstances of a sexual nature. It is charged under s. 271. The Crown must prove each part of the offence beyond a reasonable doubt:
- Touching or force of a sexual nature. The Crown must prove the touching happened and that, viewed objectively, it was sexual in nature.
- No consent. The Crown must prove the complainant did not consent to the sexual activity in question.
- Your state of mind. The Crown must prove you knew the complainant was not consenting, or were reckless or wilfully blind about it.
What consent means in Canadian law
Under s. 273.1, consent is the voluntary agreement to engage in the sexual activity in question. It must be present at the time the activity takes place, and it can be withdrawn at any point. The law says there is no consent where, for example, the complainant is unconscious or otherwise incapable of consenting, where agreement is given by someone else, or where the complainant expresses a lack of agreement by words or conduct.
Mistaken belief in consent
A belief that the complainant was consenting is not a defence if it came from your own intoxication, recklessness or wilful blindness, or if you did not take reasonable steps, in the circumstances known to you at the time, to find out whether the complainant was consenting (s. 273.2). Whether this defence can even be raised depends closely on the evidence.
More serious sexual assault charges
Sexual assault with a weapon, threats or causing bodily harm (s. 272). This applies where a weapon is used or threatened, threats are made against a third party, bodily harm is caused, the complainant is choked, suffocated or strangled, or another person takes part.
Aggravated sexual assault (s. 273). This applies where the complainant is wounded, maimed or disfigured, or their life is endangered.
Penalties and consequences
| Charge | How the Crown proceeds | Maximum penalty |
|---|---|---|
| Sexual assault (s. 271), complainant 16 or older | Summary conviction | 2 years less a day |
| Sexual assault (s. 271), complainant 16 or older | Indictment | 10 years |
| Sexual assault (s. 271), complainant under 16 | Summary conviction | 2 years less a day, with a minimum of 6 months |
| Sexual assault (s. 271), complainant under 16 | Indictment | 14 years, with a minimum of 1 year |
| Sexual assault with a weapon, threats or causing bodily harm (s. 272) | Indictment only | 14 years; higher penalties and minimums apply in some cases, such as where a firearm is used |
| Aggravated sexual assault (s. 273) | Indictment only | Life |
Sexual assault under s. 271 is a hybrid offence. The Crown elects whether to proceed summarily or by indictment. These figures are maximums set by law, not predictions of what will happen in your case.
A conviction can also lead to:
- Sex offender registration. A court will usually order you to comply with the Sex Offender Information Registration Act (s. 490.012). In some cases the court has discretion not to make the order. Orders last 10 years, 20 years or life, depending on the offence (s. 490.013).
- A DNA order. Sexual assault is a designated offence for DNA orders, so an order is usually required (s. 487.051).
- A weapons prohibition under s. 109 or s. 110.
- A criminal record that appears on background and vulnerable sector checks, and can affect travel and employment.
- Immigration consequences. If you are not a Canadian citizen, an offence with a maximum of 10 years or more can make you inadmissible under s. 36 of the Immigration and Refugee Protection Act. Get immigration advice as well.
Special evidence rules before trial
Sexual assault cases have their own procedures. Many of the most important decisions are made at pretrial applications, before a jury or judge hears the evidence.
| Application | What it covers | Key point |
|---|---|---|
| Prior sexual activity (s. 276) | Evidence that the complainant engaged in other sexual activity, with the accused or anyone else, including sexual communications | It cannot be used to suggest the complainant was more likely to have consented or is less worthy of belief. The defence must apply in writing, and the judge decides whether any of it can be used. |
| Records in the accused's possession (s. 278.29) | Texts, messages, photos, journals or other records about the complainant that carry a reasonable expectation of privacy | The defence needs the judge's permission before using them at trial. |
| Records held by others (ss. 278.11 and 278.2) | Medical, counselling, school or similar records held by a third party or by the Crown | The judge decides whether any part is produced. Therapy and counselling records are produced only where the accused shows their innocence is at stake. |
| Publication ban (s. 486.4) | Information that could identify the complainant | The judge must make the order if the complainant or the Crown asks. Complainants must be consulted about whether they want one. |
| Testimony support (ss. 486.1 and 486.2) | A support person, a screen or testimony from outside the courtroom | For complainants in sexual offence cases, the judge must generally allow these on request, unless that would interfere with the proper administration of justice. |
Since July 18, 2026, applications about the complainant's sexual history or private records must generally be filed at least 60 days before the hearing, up from 7 days. Raising them correctly, and early, can shape the whole trial.
Bail and release conditions
Release conditions in sexual assault cases often include no contact with the complainant and staying away from certain places. In some cases they also limit contact with people under 16 or internet use. Breaking a condition is a separate criminal offence.
Since July 15, 2026, under Bill C-14 (the Bail and Sentencing Reform Act), a sexual assault charge that allegedly involved choking, suffocation or strangulation carries a reverse onus at bail. That means you must show why you should be released. We prepare release plans and can seek changes to conditions through a bail hearing or bail review.
Possible outcomes
Every case is different, and no lawyer can promise a result. Depending on the evidence, possible outcomes may include:
- Withdrawal or stay by the Crown, for example where there is no reasonable prospect of conviction.
- Peace bond: in some cases, the Crown may agree to withdraw the charge if you enter a peace bond under s. 810. A peace bond is not a conviction.
- Remedy for delay: if the case takes unreasonably long to reach trial, the court can grant a remedy under Charter s. 11(b). Courts must now consider remedies other than a stay of proceedings, so a stay is no longer the only remedy.
- Acquittal at trial if the Crown cannot prove every element beyond a reasonable doubt.
- Guilty plea and sentencing, where that is your informed choice after reviewing disclosure.
Diversion programs are generally not offered for sexual offences.
How we defend sexual assault charges
Disclosure. We review the complainant's statements, any video-recorded interview, messages, photos, medical evidence and police notes. Inconsistencies and gaps can matter.
Consent and credibility. Most sexual assault trials turn on what happened and whether there was consent. We test the evidence through cross-examination, within the limits the law sets.
Pretrial applications. We bring, or respond to, applications about sexual history (s. 276) and private records (ss. 278.1 and following), and meet the 60-day notice rules, so the right evidence is before the court.
Charter issues. We check whether police respected your right to counsel, whether any statement you gave was voluntary, and whether searches of your phone or home were lawful.
Delay. We track the time your case takes and raise unreasonable delay under Charter s. 11(b) where it applies.
What to do if you are under investigation or charged
- Do not give police a statement before speaking with a lawyer. You have the right to remain silent. If police invite you in for an interview, call a lawyer first.
- Do not contact the complainant, directly or through anyone else, even to apologise or explain.
- Do not delete anything. Keep your messages, photos and social media accounts as they are, and share them only with your lawyer.
- Follow every release condition exactly.
- Write down your timeline of events while it is fresh. Share it only with your lawyer.
- Stay off social media about the allegation.
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Why clients call Aftermath Law
- Your call is answered 24/7, including when police first make contact.
- What you tell us stays confidential.
- Legal Aid Ontario certificates accepted. Private clients get flat fees agreed in writing, with payment plans available.
- Consultations in English, Punjabi and Hindi.
- Trained through a work placement at the North Bay Crown Attorney's Office, which gives a perspective on how the Crown reviews a file.
Frequently asked questions
Can the complainant drop a sexual assault charge?
No. In Ontario, the Crown decides whether a charge goes ahead. The complainant's wishes are considered, but they cannot withdraw the charge themselves.
Is there a time limit for sexual assault charges in Canada?
There is no time limit when the Crown proceeds by indictment, so charges can be laid years after the alleged events. A summary conviction proceeding must generally start within 12 months (s. 786(2)).
Can my text messages with the complainant be used at trial?
Possibly. If the messages contain sexual content or other private information about the complainant, the defence may need the judge's permission before using them (s. 278.29), and the application must generally be filed at least 60 days before the hearing. Keep everything and show it to your lawyer early.
Will I have to register as a sex offender?
If you are convicted, a sex offender registration order is usually made. In some cases the court has discretion not to make one. A withdrawal, stay, peace bond or acquittal does not lead to registration.
Will my name be published?
The mandatory publication ban protects the complainant's identity, not the accused's. In some cases your name cannot be published because it would identify the complainant, for example where you are related.
Official sources
- Criminal Code, s. 265: Assault defined
- Criminal Code, s. 271: Sexual assault
- Criminal Code, s. 272: Sexual assault with a weapon, threats or causing bodily harm
- Criminal Code, s. 273: Aggravated sexual assault
- Criminal Code, s. 273.1: Meaning of consent
- Criminal Code, s. 273.2: Where belief in consent not a defence
- Criminal Code, s. 276: Evidence of complainant's sexual activity
- Criminal Code, ss. 278.1 to 278.98: Records and therapeutic records
- Criminal Code, s. 278.29: Records in the possession of the accused
- Criminal Code, s. 486.4: Publication bans
- Criminal Code, s. 490.012: Sex offender registration orders
- Justice Canada: Bail and Sentencing Reform Act (Bill C-14)
- Justice Canada: Protecting Victims Act (Bill C-16)
Talk to a lawyer today
If you have been charged with sexual assault, or police want to speak with you, call (647) 223-1980, any time, day or night. Your first consultation is free and confidential.
General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
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