Sexual Assault Lawyer Toronto | Sexual Offence Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sexual assault is an offence under section 271 of the Criminal Code: an assault committed in circumstances of a sexual nature. It is among the most serious charges a person can face in Toronto or anywhere in Ontario, carrying the realistic prospect of a penitentiary sentence, registration as a sex offender, and lifelong stigma. These trials usually come down to the issue of consent and the credibility and reliability of the people involved, and they are governed by some of the most technical procedural rules in Canadian criminal law.

What is sexual assault under Canadian law?

The Crown must prove an intentional touching without consent, in circumstances that are sexual in nature viewed objectively, and that the accused knew of, or was reckless or wilfully blind to, the absence of consent. The offence covers a wide spectrum, from an unwanted touch to forced intercourse, all charged under the same section.

Consent has a precise legal meaning. Under sections 273.1 and 273.2 of the Criminal Code, consent is the voluntary agreement of the person to the sexual activity in question, at the time it occurs. There is no consent in law where the person is unconscious or incapable of consenting, where agreement is obtained by force, threats, fraud, or abuse of a position of trust or authority, or where the person expresses by words or conduct a lack of agreement. Consent to one activity is not consent to another, and it can be withdrawn at any time. A belief in consent is no defence where it arises from self-induced intoxication, recklessness, or a failure to take reasonable steps to ascertain consent.

Penalties for sexual assault in Ontario

Sexual assault under section 271 is a hybrid offence. Where the complainant is an adult, the maximum penalty is 10 years in prison by indictment or, on summary conviction, 18 months, rising to 2 years less a day on July 18, 2026. Where the complainant is under 16, the maximum rises to 14 years. Two 2026 changes bear noting: from July 15, 2026, a conditional sentence (jail served in the community) is not available for serious sexual offences, and from July 18, 2026 the Protecting Victims Act restores the mandatory minimums that courts had struck down, subject to a narrow judicial power to go below a minimum where it would be grossly disproportionate. Sentencing for sexual offences in Ontario has grown markedly more severe over the past decade, and jail is the usual outcome for a conviction involving significant sexual activity.

A conviction also brings sex offender registration: automatic under Ontario's Christopher's Law, and presumptive under the federal Sex Offender Information Registration Act, with the court retaining a narrow discretion under the current federal regime. A DNA order follows, and weapons prohibitions apply in some cases. For non-citizens, the immigration consequences of a conviction are severe. Complainants' identities are protected by publication bans; the accused's identity generally is not.

How sexual assault cases proceed

These prosecutions are procedurally distinct. Evidence of the complainant's other sexual activity is presumptively inadmissible and requires a pre-trial application under section 276 of the Criminal Code. Records relating to the complainant that are in the defence's possession, including some private messages, may require a screening application before they can be used. From July 18, 2026, communications between the accused and the complainant are exempt from that records regime, and the notice period for sexual history and records applications rises from 7 to 60 days. Most sexual assault charges involving adult complainants now proceed without a preliminary inquiry. All of this means the defence must be planned early and in writing, well before trial.

Possible defences to a sexual assault charge

Depending on the evidence, defences may include:

Consent: that the complainant voluntarily agreed to the sexual activity in question. This is the central issue in most contested trials.
Honest but mistaken belief in communicated consent, a narrow defence requiring an air of reality and reasonable steps to ascertain consent.
Credibility and reliability: inconsistencies within and between statements, contemporaneous messages and records, and the overall plausibility of the accounts, assessed under the reasonable doubt framework.
Identity, in cases where who committed the act is genuinely in issue.
No sexual nature: in rare cases, whether the touching was sexual in nature is contested.
Charter issues and delay: statements taken in breach of the accused's rights, unlawful searches of phones or devices, and unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

What if it is my word against theirs?

Many sexual assault trials involve only two accounts. The judge does not simply choose the more believable story: the Crown must prove guilt beyond a reasonable doubt, and a doubt can arise from the accused's evidence, the complainant's evidence, or the record as a whole.

Will I go to jail if convicted of sexual assault?

Jail is the usual outcome for convictions involving significant sexual activity in Ontario, and sentences have increased in recent years. The range depends heavily on the specific conduct, the parties' circumstances, and the accused's record. Outcomes depend on the evidence in each case.

Will I be on the sex offender registry?

A conviction for sexual assault generally results in registration under both the Ontario and federal sex offender registries. Ontario registration is automatic on conviction; federal registration is presumptive, with a narrow judicial discretion in limited cases. Registration carries ongoing reporting obligations for years or life, depending on the sentence and history.

Should I give a statement to the police?

Everyone in Canada has the right to remain silent and the right to speak with a lawyer before deciding whether to answer police questions. Statements given early in a sexual assault investigation are frequently important evidence at trial, which is why obtaining legal advice before any interview matters.

Can text messages be used in a sexual assault case?

Yes, by both sides, and they are often significant evidence. Messages in the defence's possession that relate to the complainant may first require a court application before they can be used at trial, so they need to be preserved and reviewed with counsel early.

How long does a sexual assault case take?

In Ontario, a contested sexual assault case commonly takes many months and often more than a year to reach trial, given pre-trial applications. The Charter imposes limits on delay under the Jordan framework, which the defence monitors throughout.

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