AGGRAVATED SEXUAL ASSAULT LAWYER TORONTO

Aggravated sexual assault is one of the most serious sexual offences under the Criminal Code. Section 273 applies where, during a sexual assault, the complainant is wounded, maimed, or disfigured, or their life is endangered.

Because the charge involves both the underlying sexual assault and an aggravating circumstance, the evidence supporting each part of the allegation must be examined carefully.

What Is Aggravated Sexual Assault?

Under s. 273, the Crown must establish a sexual assault and one of the aggravating circumstances identified by the Code:

• Wounding
• Maiming
• Disfigurement
• Endangering the complainant’s life

The Crown must prove the required elements beyond a reasonable doubt. The nature of the alleged injury or danger, how it occurred, and the evidence connecting it to the alleged sexual assault can become central issues.

Different Types of Aggravated Sexual Assault Allegations

Alleged Wounding

The allegation may involve an injury associated with the sexual assault. Medical evidence can become important in determining the nature and cause of the injury.

Alleged Maiming or Disfigurement

The prosecution may rely on evidence concerning significant physical injury or lasting impairment or disfigurement.

Alleged Endangerment of Life

The charge can also arise where the allegation is that the complainant’s life was endangered during the sexual assault, even where the focus is not simply on the extent of a physical injury.

Firearm-Related Allegations

Additional sentencing provisions can apply where a firearm was used. The applicable minimum depends on the circumstances, including the type of firearm and other statutory factors.

Allegations Involving Serious Bodily Injury

Some cases involve substantial medical evidence, emergency treatment, photographs, expert opinions, or other records concerning the alleged injuries.

What Does the Crown Have to Prove?

An aggravated sexual assault charge is not established simply because serious injuries are alleged.

The defence may examine:

• Whether a sexual assault occurred
• Whether the accused was responsible
• The nature and extent of the alleged injury
• Whether the evidence establishes wounding, maiming, disfigurement, or life endangerment
• Medical and forensic evidence
• The timeline of events
• Witness accounts and credibility
• Whether the evidence establishes the required elements beyond a reasonable doubt

The precise legal issues depend on the allegations and evidence in the case.

Evidence in Aggravated Sexual Assault Cases

These cases can involve extensive physical and documentary evidence, including:

• Medical and hospital records
• Photographs of injuries
• DNA and forensic evidence
• Police photographs and reports
• Expert evidence
• Text messages and other communications
• Witness statements
• Previous statements
• Timeline and location evidence

Medical evidence should be examined in context. The existence of an injury does not, by itself, answer every legal question raised by the charge.

Credibility and Conflicting Accounts

Some cases involve significant differences between the complainant’s account and the accused’s account.

The defence may examine prior statements, changes in the allegations, surrounding communications, witness evidence, and whether independent evidence supports or contradicts either account.

Where credibility is central, careful preparation for cross-examination can be particularly important.

Bail and Release Conditions

Aggravated sexual assault allegations can create immediate issues involving arrest, detention, and release.

Depending on the circumstances, bail conditions may restrict:

• Contact with the complainant
• Contact with witnesses
• Where you can go or live
• Employment or other activities
• Travel
• Internet or electronic communication

Release conditions must be followed carefully. Speak with your lawyer before seeking to change or interpret a condition.

Consequences of an Aggravated Sexual Assault Conviction

Section 273 makes aggravated sexual assault an indictable offence punishable by life imprisonment. The Code also provides specific minimum penalties in certain circumstances, including particular firearm cases and where the complainant is under 16.

A conviction can also have consequences involving:

• A criminal record
• Sex-offender registration
• DNA orders
• Employment and professional licensing
• Immigration
• Travel
• Family and personal relationships
• Reputation

The actual consequences depend on the charge, circumstances, conviction, and sentence.

Aggravated Sexual Assault and Related Charges

Depending on the circumstances, the Crown may also allege other offences, including:

• Sexual Assault
• Sexual Assault with a Weapon or Causing Bodily Harm
• Sexual Interference
• Invitation to Sexual Touching
• Sexual Exploitation
• Historical Sexual Assault
• Other offences arising from the same incident

The distinction between s.272 and s.273 can be particularly important because aggravated sexual assault requires the additional circumstances specified in s.273.

How We Defend Aggravated Sexual Assault Charges

Goodman Berman approaches these cases by separating the allegations into the legal elements that must actually be proved.

Defence preparation may include:

• Reviewing disclosure and medical evidence
• Assessing forensic evidence and expert opinions
• Examining timelines and witness accounts
• Testing the reliability of competing accounts
• Identifying weaknesses in the prosecution’s evidence
• Addressing bail and release conditions
• Preparing for trial and cross-examination

The defence strategy is built around the specific evidence rather than the seriousness of the allegation alone.

What You Should Do If You Are Charged

If police want to question you, speak with a criminal defence lawyer before providing a substantive statement.

You should also avoid contacting the complainant, discussing the allegations with potential witnesses, posting about the case online, or deleting potentially relevant evidence.

Frequently Asked Questions About Aggravated Sexual Assault Cases

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