Charged or under investigation?
Free confidential consultation · Direct access to defence counsel · Toronto & GTA
If you have been charged with sexual assault in Toronto, you are facing serious criminal allegations that can affect your freedom, reputation, and future what you do next matters.
At Goodman Berman, Barristers, our criminal defence lawyers have defended sexual assault and sexual offence charges at every level of court in Ontario — including the Ontario Superior Court of Justice. We act quickly, we work directly with you, and we build a defence strategy from the moment you call.
Speak to the lawyer nowSexual Assault Defence Explained
Charged with Sexual Assault in Toronto? Act Immediately
A charge does not mean a conviction, but the early stages of your case are critical.
Decisions made now can impact:
- Your bail conditions
- Your ability to work and travel
- The evidence the Crown will rely on
- The overall strength of your defence
If you have been charged, do not speak to police or investigators without legal advice.
Under Investigation But Not Charged?
You do not need to wait until you are charged with sexual assault before speaking with a criminal defence lawyer.
If police have contacted you, asked you to attend an interview, or told you that an allegation has been made, get legal advice before making a statement or answering questions about the allegation.
Early legal advice can help you understand your rights and assess issues involving:
- Police interviews and statements
- Text messages, social media, and other digital evidence
- Witnesses and forensic evidence
- Potential arrest or bail conditions
Do not contact or confront the complainant yourself. Speak with a defence lawyer first.
If you are under investigation for sexual assault in Toronto, contact Goodman Berman, Barristers for a confidential consultation.
Contact for a Confidential ConsultationWhat Happens After a Sexual Assault Charge?
Being charged with sexual assault can be overwhelming. Understanding what happens next can help you make informed decisions and prepare for your defence.
1. Arrest or Release
After an arrest, you may be released with conditions or held in custody for a bail hearing. The terms of your release can affect your work, travel, and contact with others.
2. Bail Hearing
If you are held in custody, a bail hearing determines whether you will be released while your case proceeds and what conditions may apply.
3. First Court Appearance
Your first appearance begins the court process. Your lawyer can advise you on the charges, court requirements, and next steps.
4. Disclosure
The Crown provides the evidence it intends to rely on. Your lawyer reviews the disclosure to identify weaknesses, inconsistencies, and potential legal issues.
5. Pre-Trial
Your lawyer may negotiate with the Crown, bring appropriate pre-trial applications, and prepare your case for trial where necessary.
6. Trial or Resolution
Depending on the evidence and circumstances, the case may resolve before trial or proceed to trial. At trial, the Crown must prove the charge beyond a reasonable doubt.
Every case is different. Early legal advice can help protect your rights and ensure you understand your options at each stage.
Sexual Offence Charges We Defend
Sexual offence allegations can carry serious criminal, personal, and professional consequences. Goodman Berman, Barristers defends clients facing a wide range of sexual offence charges in Toronto and throughout Ontario.
Sexual Assault
Sexual assault allegations can range from unwanted touching to more serious allegations involving violence or injury. Key issues may include consent, honest but mistaken belief in consent, credibility, and the strength of the Crown’s evidence.
Sexual Assault Causing Bodily Harm
Where an allegation involves sexual assault and bodily harm, the potential consequences can be significantly more serious. Defence counsel will carefully examine the evidence, the nature of the alleged injuries, and whether the Crown can prove each element of the offence beyond a reasonable doubt.
Aggravated sexual assault
Aggravated sexual assault involves allegations that a sexual assault wounded, maimed, disfigured, or endangered the life of the complainant. These are among the most serious sexual offence charges and require immediate, experienced defence counsel.
Sexual Interference
Sexual interference involves allegations of touching a person under the age of 16 for a sexual purpose. These cases can involve detailed examination of communications, surrounding circumstances, witness evidence, and investigative methods.
Facing multiple charges? See how we defend assault charges.
Invitation to Sexual Touching
This offence involves allegations of inviting, counselling, or encouraging a person under 16 to touch themselves or another person for a sexual purpose. The specific allegations and evidence must be carefully assessed when developing a defence.
Sexual Exploitation
Sexual exploitation charges can arise from allegations involving a young person and a person in a position of trust, authority, or dependency. These cases require careful analysis of the relationship, communications, circumstances, and applicable Criminal Code provisions.
Historical Sexual Offences
Some sexual offence allegations relate to events alleged to have occurred years or even decades earlier. These cases can present unique evidentiary issues involving memory, prior statements, available records, witnesses, and other evidence.
Other Related Sexual Offences
We also defend clients facing other sexual offence allegations under the Criminal Code. The appropriate defence strategy depends on the specific charge, evidence, and circumstances of each case.
Facing a sexual offence charge in Toronto? Contact Goodman Berman, Barristers for a confidential consultation with experienced criminal defence counsel.
How We Defend Sexual Assault Charges in Toronto
At Goodman Berman, Barristers, we focus on building a strong defence from the moment you are charged.
Our approach includes:
- Immediate case review and strategic planning
- Protecting your rights during police and court processes
- Analyzing disclosure and identifying weaknesses in the Crown’s case
- Challenging unlawfully obtained evidence
- Testing credibility through cross-examination
- Preparing for trial where necessary
Our office has secured not guilty verdicts in sexual assault trials at the Ontario Superior Court of Justice — including cases involving domestic relationships and multiple accused.
Evidence in Sexual Assault Cases
Sexual assault cases can involve many different types of evidence. The Crown’s evidence must be carefully examined to determine whether it proves the allegations beyond a reasonable doubt.
Evidence We Examine
Depending on the circumstances, this may include:
- Text messages and social media — communications before or after the alleged incident
- Witness statements — accounts from people who may have relevant information
- DNA and forensic evidence — physical evidence and what it can, and cannot, establish
- Police interviews — statements made by the complainant, accused, or witnesses
- Medical evidence — relevant medical records and examination findings
- Photographs and video — surveillance footage or other visual evidence
- Digital evidence — phones, emails, call records, and other electronic information
- Inconsistencies and credibility — differences between statements or evidence that may be relevant to the case
Challenging the Crown’s Evidence
Our lawyers carefully review disclosure and assess how the evidence was obtained, whether it is reliable, and whether it supports the allegations. Where appropriate, we may challenge improperly obtained evidence, test credibility through cross-examination, and identify weaknesses in the Crown’s case.
Every sexual assault case is different. The evidence and circumstances must be assessed individually when developing a defence strategy.
If you are facing sexual assault charges in Toronto, speak with an experienced criminal defence lawyer before discussing your case with police or anyone else.
Consent and Honest but Mistaken Belief
Consent is often a central issue in sexual assault cases. The Crown must prove beyond a reasonable doubt that the complainant did not consent to the sexual activity in question.
In some cases, the defence may also involve an honest but mistaken belief in communicated consent. Whether this applies depends on the specific facts, evidence, and circumstances of the case.
Our lawyers carefully examine:
- What was said and done before, during, and after the alleged incident
- Communications such as text messages, emails, and social media
- The circumstances surrounding the alleged sexual activity
- Evidence that may support or contradict the accounts of those involved
- Whether the legal requirements for a defence based on an honest but mistaken belief are met
Consent issues can be complex and highly fact-specific. A careful review of the evidence is essential to determining the strongest defence available.
If consent is an issue in your sexual assault case, speak with a Toronto criminal defence lawyer before making any statement about the allegations.
False Allegations and Credibility
Sexual assault cases can sometimes depend heavily on the accounts of the complainant and the accused. An allegation is not a conviction, and the Crown must prove the charge beyond a reasonable doubt.
Defence counsel will carefully examine the evidence and assess issues such as:
- Inconsistencies between statements or accounts
- Changes in the allegation over time
- Text messages, emails, and social media communications
- Witness evidence and surrounding circumstances
- Whether the physical or forensic evidence supports the allegation
- The reliability and credibility of the evidence presented at trial
Where credibility is central to the case, careful preparation and effective cross-examination can be critical to testing the Crown’s evidence.
If you have been falsely accused of sexual assault, do not contact or confront the complainant. Speak with an experienced criminal defence lawyer before taking further action.
Bail and Release Conditions
If you are arrested or charged with sexual assault in Toronto, you may be released from custody with conditions or required to attend a bail hearing.
Release conditions can have a significant impact on your daily life and may restrict where you can go, who you can contact, or what activities you can participate in.
Common bail and release conditions may include:
- No contact with the complainant
- Restrictions on attending certain locations
- Restrictions on communicating with witnesses
- Requirements to report to police
- Travel restrictions
- Other conditions imposed by the court
Violating a release condition can result in further criminal consequences and may affect your ability to remain out of custody.
Our lawyers can represent you at a bail hearing, explain your release conditions, and work to ensure that conditions are appropriate for your circumstances.
If you have been arrested or charged with sexual assault, speak with a criminal defence lawyer before agreeing to or violating any release condition.
Consequences of a Conviction
A sexual offence conviction can have consequences that extend far beyond a sentence. Depending on the offence and your circumstances, you may face:
- Criminal record — A conviction can affect employment, travel, professional opportunities, and other aspects of your life.
- SOIRA registration — Certain sexual offence convictions can result in registration under the Sex Offender Information Registration Act (SOIRA), potentially creating long-term reporting obligations.
- DNA orders — Some sexual offence convictions can result in a DNA order requiring a biological sample to be provided to the authorities.
- Employment — A conviction may affect your current employment or ability to obtain certain jobs, particularly where background checks are required.
- Professional licensing — Regulated professionals may face additional consequences from a conviction, including disciplinary or licensing issues.
- Immigration — For non-citizens, a criminal conviction can have serious implications for immigration status, admissibility, or future applications.
- Travel — A criminal record or SOIRA obligations can create complications when travelling internationally or entering certain countries.
- Reputation — A sexual offence conviction can have lasting personal, family, and professional consequences.
Understanding SOIRA Registration
Depending on the offence and circumstances, a sexual offence conviction may trigger registration requirements under SOIRA. These requirements can include reporting personal information and complying with ongoing obligations for a prescribed period.
The specific consequences depend on the charge, the outcome of the case, and your individual circumstances. Early legal advice is critical when the potential consequences can extend well beyond the courtroom.
Why Choose Goodman Berman?
When you are facing a sexual assault charge, experience matters. You need a defence team that understands the law, the court process, and the serious consequences a conviction can have on your future.
25+ Years of Criminal Defence Experience
Goodman Berman, Barristers has more than 25 years of experience defending clients facing serious criminal allegations, including sexual assault and other sexual offences.
A Team of 10 Lawyers
With a team of 10 criminal defence lawyers, we have the resources and experience to handle complex cases while providing focused attention to each client.
Experience at Every Level of Court
Our lawyers have defended sexual assault and sexual offence charges before the Ontario Court of Justice and Ontario Superior Court of Justice, including sexual assault trials resulting in not guilty verdicts.
Trusted by Our Clients
Our commitment to client service is reflected in our 4.8-star client rating.
Direct, Strategic Legal Advice
You work directly with experienced defence counsel who will explain your options, review the evidence, and develop a strategy based on the specific circumstances of your case.
Charged with sexual assault or under investigation in Toronto? Contact Goodman Berman, Barristers for a confidential consultation.
What You Can Expect From Us
- Confidential communication
- No judgment
- Direct communication with counsel
- Clear explanation of your options
- Prompt attention to urgent issues
- Strategic advice before speaking to police
- Preparation for each court appearance
- Honest assessment of strengths and weaknesses
Sexual Assault Case Results
Not guilty
CHARGE
Sexual assault
Ontario Superior Court of Justice
Issue: Domestic relationship
Defence focus: Credibility and evidence
Result: Not guilty
A second Superior Court trial involving a sexual assault allegation in a domestic context. The Crown’s case was challenged on credibility and evidence — the accused was found not guilty following a full trial.
R. v. R.S., [2015] O.J. No. 7212 SCJ
Not guilty — both accused
CHARGE
Sexual assault
Ontario Superior Court of Justice
Issue: Invitation to sexual touching
Defence focus: Trial strategy and reasonable doubt
Result: Both not guilty
Our office represented two accused facing charges that carry serious prison time and profound personal consequences. Following a lengthy trial in the Ontario Superior Court of Justice, not guilty verdicts were secured for both.
R. v. E.K.H., [2012] O.J. No. 1128 SCJ
Not guilty
CHARGE
Sexual assault
Ontario Superior Court of Justice
Issue: Domestic relationship
Defence focus: Credibility and trial strategy
Result: Not guilty
The accused faced a sexual assault charge arising in the context of a domestic relationship — a matter carrying serious personal and legal consequences. Following a full trial in the Ontario Superior Court of Justice, the accused was found not guilty.
R. v. D.M.C., [2015] O.J. No. 1324 SCJ
Not guilty
CHARGE
Sexual assault
Ontario Superior Court of Justice
Issue: Sexual interference
Defence focus: Evidence and reasonable doubt
Result: Not guilty
The accused faced a sexual interference charge — an offence carrying mandatory minimum sentences and lasting personal consequences. Following a full trial in the Ontario Superior Court of Justice, the accused was found not guilty.
R. v. D.K., [2013] O.J. No. 6286 SCJ
Not guilty — both accused
CHARGE
Sexual assault
Ontario Court of Justice
Issue: Invitation to sexual touching
Defence focus: Trial strategy and reasonable doubt
Result: Both not guilty
Our office represented two accused on charges carrying serious prison time and lasting stigma. Following a lengthy trial in the Ontario Court of Justice, not guilty verdicts were secured for both accused.
R. v. J.A.R., [2011] O.J. No. 1330 OCJ
Acquitted at trial
CHARGE
Sexual assault
Issue: Sexual assault
Defence focus: Capacity to Consent
Result: Not guilty
A.Y. faced a sexual assault charge after police, responding to a wellness check, suspected he had engaged in sexual activity with an individual found incapable of consenting. Following a full trial, Defence counsel successfully challenged the Crown’s evidence on the complainant’s capacity to consent, and A.Y. was found not guilty.
R. v. A.Y., unreported
Each case is unique — past results do not guarantee future outcomes.
What You Should Do Right Now
If you have been charged:
- Do not discuss your case with anyone except your lawyer
- Do not contact the complainant
- Comply with all bail conditions
- Preserve any evidence (messages, emails, timelines)
- Speak to a defence lawyer immediately
Your Defence Starts with the Right Questions
If you have been charged, your lawyer must quickly assess the case by asking:
- Was there consent, or evidence supporting consent?
- Was there an honest but mistaken belief in consent?
- In age-related cases, did you take reasonable steps to determine age?
- Was evidence obtained lawfully (searches, phones, social media)?
- Are there inconsistencies or credibility issues in the allegations?
- What evidence will the Crown rely on (texts, Facebook, DNA)?
The answers to these questions shape your defence strategy.
Speak to a Sexual Assault Lawyer in Toronto Today
You are not alone—but you do need to act quickly.
The right defence strategy starts now.
Contact Goodman Berman, Barristers for a confidential consultation.
Frequently Asked Questions
I’ve already been charged. Can the case still be defended?
Yes. Many cases are successfully defended by challenging evidence, credibility, and legal issues.
Will I go to jail?
Some charges carry mandatory minimum sentences, but outcomes depend on the facts and defence strategy.
Should I talk to police to explain my side?
No. You should speak to a lawyer before making any statement.
How long will my case take?
It depends on the complexity of the case and whether it proceeds to trial.
Will I be placed on the sex offender registry if convicted?
Yes. SOIRA registration is mandatory upon conviction for most sexual offences. Depending on the charge and sentence, registration lasts 10 years, 20 years, or for life. This is one of the most significant long-term consequences of a conviction and another reason why a strong defence from the outset is critical.
Can I be charged with sexual assault if I believed there was consent?
An honest but mistaken belief in consent can be raised as a defence, but the law sets a high bar. The accused must have taken reasonable steps to ascertain consent. This is a nuanced area of law that requires careful analysis of the specific facts of your case.
What happens at a bail hearing for sexual assault charges?
A bail hearing determines whether you will be released while your case proceeds or held in custody. The Crown may seek conditions or oppose release entirely. Having experienced defence counsel at your bail hearing is critical — conditions imposed at this stage can affect your work, travel, and daily life for the duration of the case.
Can sexual assault charges be withdrawn before trial?
Yes. Charges can be withdrawn by the Crown at any stage of the proceedings — including before trial — if the evidence is insufficient or if issues arise with witness credibility. An experienced defence lawyer will identify these opportunities early and pursue every avenue to resolve the case in your favour.
What is the difference between sexual assault and sexual interference?
Sexual assault under s.271 applies where the complainant is any person. Sexual interference under s.151 applies specifically where the complainant is under the age of 16 and involves touching for a sexual purpose. Sexual interference carries mandatory minimum sentences that sexual assault does not, making the specific charge laid a critical factor in your defence strategy.
Contact Us
Facing sexual assault charges in Toronto?
Contact Goodman Berman, Barristers for a free, confidential consultation. Your case will be reviewed directly by an experienced criminal defence lawyer.
How it Works
1
Call Us
Free, confidential, no obligation
2
We review your case
Understand your charges & options
3
We defend you
Direct access to your lawyer throughout