SEXUAL ASSAULT CAUSING BODILY HARM LAWYER TORONTO

Sexual assault causing bodily harm is an offence under section 272 of the Criminal Code. It applies where, in committing a sexual assault, the accused causes bodily harm to the complainant. Section 272 also covers certain allegations involving weapons, threats to a third party, choking, suffocation, strangulation, or participation with another person.

These cases can involve serious allegations and complex medical, forensic, and credibility evidence.

What Is Sexual Assault Causing Bodily Harm?

Under s.272, the Crown must establish a sexual assault and the additional circumstance alleged.

For a bodily-harm charge, important questions can include:

• Did a sexual assault occur?
• Did the accused cause bodily harm?
• What was the nature and extent of the alleged injury?
• What evidence connects the injury to the alleged incident?
• Has the Crown proved every required element beyond a reasonable doubt?

The specific evidence and legal issues depend on the circumstances of the case.

Different Types of s.272 Allegations

Section 272 covers more than one type of aggravated sexual assault allegation.

Sexual Assault Causing Bodily Harm

The allegation is that a sexual assault caused bodily harm to the complainant.

Sexual Assault Involving a Weapon

The charge can arise where a weapon or imitation weapon was carried, used, or threatened to be used.

Threats to a Third Party

Section 272 also applies where the accused allegedly threatened bodily harm to someone other than the complainant.

Choking, Suffocation or Strangulation

The Code separately identifies choking, suffocating, or strangling the complainant as conduct covered by s.272.

Multiple-Accused Allegations

Section 272 can also apply where the accused is alleged to have participated in the offence with another person.

Bodily Harm and Medical Evidence

Medical evidence can become central in a sexual assault causing bodily harm case.

Depending on the allegation, the evidence may include:

• Hospital and medical records
• Photographs of injuries
• DNA or other forensic evidence
• Expert evidence
• Police photographs and reports
• Witness accounts
• Text messages or other communications
• Timeline and location evidence

The defence should examine what the medical evidence actually establishes and whether it is consistent with the prosecution’s account.

Consent and Credibility

Consent can be a central issue in a sexual assault prosecution. The defence may examine what was communicated or understood, the surrounding circumstances, prior and subsequent communications, and whether the Crown has proved the absence of consent as required by law.

Where the parties give different accounts, credibility may also become important. Previous statements, changes in the allegations, communications, witnesses, and independent evidence can all form part of the analysis.

Historical Sexual Assault Causing Bodily Harm Allegations

Some allegations are brought years after the alleged incident.

Historical cases may require careful review of:

• Previous statements
• Memory and recollection
• Medical or other records
• Witness availability
• Old communications
• Photographs or other evidence
• The timeline of the alleged events
• Evidence supporting or contradicting the allegation

The age of an allegation does not by itself determine the outcome. The available evidence must be assessed in the circumstances of the particular case.

Evidence and Defence Preparation

Goodman Berman can examine the prosecution’s case from both the underlying sexual-assault allegation and the additional s.272 circumstance.

Defence preparation may include:

• Reviewing disclosure and medical evidence
• Assessing forensic and expert evidence
• Examining timelines and witness accounts
• Identifying inconsistencies or evidentiary gaps
• Reviewing police conduct and potential Charter issues
• Preparing for cross-examination
• Addressing bail and release conditions

The defence strategy depends on the evidence and allegations in the individual case.

Bail and Release Conditions

Because these allegations can result in serious criminal proceedings, arrest and bail may become immediate concerns.

Release 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

Do not breach a release condition or attempt to arrange prohibited contact through someone else.

Consequences of a Conviction

Section 272 is an indictable offence. The maximum sentence can be 14 years’ imprisonment, with different and potentially more severe sentencing provisions in certain circumstances, including cases involving a complainant under 16 or firearm use.

A conviction can also affect:

• Criminal record
• Employment
• Professional licensing
• Immigration
• Travel
• Sex-offender registration
• DNA orders
• Family and personal relationships
• Reputation

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

Related Sexual Offences

Depending on the facts, related charges may include:

• Sexual Assault
• Aggravated Sexual Assault
• Sexual Interference
• Invitation to Sexual Touching
• Sexual Exploitation
• Historical Sexual Assault
• Other offences arising from the same circumstances

The distinction between s.272 and s.273 is particularly important. Section 273 concerns a sexual assault in which the complainant is wounded, maimed, or disfigured, or their life is endangered.

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 case with potential witnesses, posting about the allegations online, or deleting potentially relevant evidence.

Frequently Asked Questions About Sexual Assault Causing Bodily Harm

What Our Clients Say About Our Criminal Defence Team

 
 
 
 
  EXCELLENT  
  
 Based on 71 reviews 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Sukhpreet Virdi 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
I had an excellent experience with one of the criminal lawyer ( Dixon Emanuel)  of this firm . He is very knowledgeable, professional, and handled my case with great care. Explained everything clearly and kept me informed throughout the process. I truly felt supported and would highly recommend their services to anyone in need of legal help.
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Michael Danso 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
Parvin T. Is literally one of the most experienced lawyers I’ve worked with! She has patience and gets the job down as soon as possible !
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Anmolpreet Dhillon 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
Fantabulous person fantabulous handling of case i strongly recommend Mr. dixon Emanuel is best person to go with for criminal matter🤝🏻✨👌
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Marcel Onovo 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
CSL Thakor Parvin was incredibly patient and supportive from the very beginning. Unlike other lawyers I consulted who seemed rushed and did not fully listen, Ms. Parvin took the time to carefully understand my case and thoroughly review my evidence.
Her attention to detail and careful preparation made a real difference. Because she fully understood the issues, the trial on January 28, 2026 did not even proceed past the first break — the matter was dismissed after the first half of cross-examination.
I highly recommend CSL Thakor Parvin. She is an excellent listener, professional, and truly committed to her clients.
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 hobby gamer frazz 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
Yamini is the best hands down, she makes sure that you are always updated and never leaves you in the dark wondering what’s next, very happy with my decision to go with Goodman Berman barristers
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Shamyla W 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
As the wife of the client, I witnessed how difficult this case was for our family. Mr. Goodman handled everything with compassion, professionalism, and integrity. His support and dedication brought us reassurance during an incredibly stressful time, and the positive outcome reflects his exceptional expertise. We are deeply grateful and highly recommend his services.
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Grace Carporation 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
I am extremely grateful for the outstanding legal support provided by Mr. Goodman. He represented my friend Waqas with professionalism, dedication, and deep knowledge of the law. From start to finish, Mr. Goodman was confident, clear, and always reassuring. Thanks to his hard work and expertise, all charges against Waqas were completely dropped. We couldn’t have asked for a better outcome. I highly recommend Mr. Goodman to anyone looking for an honest, skilled, and reliable lawyer
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 HMR Sports 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
I am Waqas profoundly grateful to Mr. Goodman for his compassion, strength, and unwavering professionalism throughout my case. This was one of the most painful and emotionally challenging experiences of my life, and Mr. Goodman stood by me with dignity, sensitivity, and genuine care at every step. His clear guidance, patience, and dedication gave me the courage to keep going when I felt overwhelmed. Today’s positive outcome is a true reflection of his expertise, integrity, and commitment to justice. I will always be thankful to Mr. Goodman and highly recommend his services to anyone in need of a lawyer who truly cares.
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Lorne 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
This place is very unprofessional. Dixon is not kind and talks down to people. He treated my friend badly and did not show any care or understanding. You think a lawyer will help you, but he does not do much except ask for more time on the case and talk over you.  When you speak up, don’t expect any empathy, only care about money and will drop you like it does not matter.
Do not hire this firm. The receptionist is also rude and does not know how to treat people nicely. Wish I could give one star.
  
 
  
 
 
 
 Posted on Google  
 
  
 
 
 Mahdi 
 
 
 
 Trustindex verifies that the original source of the review is Google. 
I can’t thank Marissa Etwaroo enough for the efforts and dedication she has put into my case. She eased my time going through what was difficult for me. Her communication, knowledge and experience help make me deal with the case less stressfully. She was very thorough and attentive throughout the whole process, and definitely on top of things. She took the time to listen to me and gave her advice and input when it was necessary. And I got to say I was satisfied by how she was handling things but the way she fought and defended  me when it mattered the most was beyond my expectations. As a result she got me the best outcome!
I highly recommend Marissa Etwaroo, from my experience she will make you understand the process and will be there for you when it matters the most.
Marissa has definitely gone above and beyond with her efforts and she has impacted relevant aspects of my life related to my case in a great way! I am very appreciative and grateful for.

THANK YOU!!!
  
 
  
 
 
 
 
   
 
 Verified by Trustindex  
Trustindex verified badge is the Universal Symbol of Trust. Only the greatest companies can get the verified badge who has a review score above 4.5, based on customer reviews over the past 12 months. Read more