Hamilton Sexual Assault Lawyer

A sexual assault allegation is a serious and complex matter. It requires detailed, careful handling from a sexual assault lawyer in Hamilton who carries the experience to navigate such an investigation and protect against the consequences of associating someone’s name with the charge.

The moment you are charged with sexual assault, do not wait to talk with a lawyer. It’s essential to start enforcing your legal rights and build a defence that mitigates the risk of a conviction. Kruse Law has the knowledge and experience you need in a team of criminal lawyers to build a strong defence in your favor.

Our sexual assault legal firm in Hamilton can help defend you against sexual assault charges and provide the peace of mind that you are in good hands. For the duration of your case, a lawyer at your side is infinitely better than attempting to go through the Ontario criminal justice system alone.

Please feel encouraged to read through our Ontario sexual assault blog for more information on how we can help.

The owner of Kruse Law, Michael Kruse, has over 34 years of criminal trial experience and is a distinguished criminal defence lawyer who has successfully represented countless clients against sexual assault charges. He and his team will work tirelessly to ensure that you are treated fairly every step of the way.

 

What A Hamilton Sexual Assault Lawyer Can Do For You

Facing sexual assault charges? This is a serious matter that demands immediate attention. It’s crucial to consult with a Hamilton sexual assault lawyer as soon as possible to discuss what sexual assault charges mean and understand the severity of the situation you’re facing.

What is sexual assault?

Sexual assault is a crime that involves violating a person’s autonomy by sexual means. It entails inappropriate sexual touching that is usually forceful and always against a person’s wishes and consent. The crime is of a sexual nature that violates the sexual integrity of the complainant. It can also include the accused using threats or a weapon to coerce the complainant. The accused can be either gender and the complainant can be either gender. A person can also be charged with sexual assault against their spouse.

Not all sexual assaults are processed in the same way. There are three primary categories for sexual assault charges in Hamilton.

• Simple Sexual Assault: A simple sexual assault does not cause any non-sexual physical harm but violates the complainant’s sexual integrity. It can include acts, such as unwanted kissing, grabbing, fondling, groping, or sexual harassment.
• Sexual Assault With A Weapon, Threats, or Bodily Harm: This type of sexual assault occurs when someone sexually assaults another person while using a weapon or threatening to use one. A weapon can include a gun, knife, club, or sharp object. It can also be a weapon designed to intimidate, such as a screwdriver, chain, or a pot of hot water.
• Aggravated Sexual Assault: Aggravated sexual assault refers to an assault that has taken place resulting in wounding, maiming, disfiguring, or endangering the complainant’s life. To prove aggravated sexual assault, the prosecution must prove the assault occurred, that the accused person is the person who perpetrated the assault, and that the encounter was non-consensual.

Consequences of sexual assault

A person convicted of sexual assault in Hamilton can expect to receive a jail term ranging from a few months to many years in jail, depending on the nature of the sexual assault.

A jail term might only be avoided for the most minor sexual assaults, such as intentional sexual touching of a person’s buttock in a bar. For example, the current range of sentences in Ontario for a typical non-aggravated date rape charge, where the complainant was not injured, is 2-3 years in jail. For a more aggravated sexual assault, the jail terms can range from 4-10 years or more in the penitentiary.

If the complainant is 16 or older, the maximum penalty is 10 years in jail. If the complainant is under 16, there are mandatory minimum jail terms and the accused could receive a maximum of 14 years in jail. Suppose you are in a position of trust or authority (such as a teacher or coach) towards a young person who is 16 to under 18 years old. In that case, a conviction for sexual exploitation also carries mandatory minimum jail terms and a maximum jail term of 14 years in the penitentiary.

If you are convicted of sexual assault you will be put on the National Sex Offender Registry, which can negatively affect your personal and professional life indefinitely.

 

How Is Sexual Assault Proven In A Hamilton Court Case

To prove sexual assault, the Crown must demonstrate the contact occurred, that the contact was intentional from the defendant to the plaintiff, that it was sexual in nature, and that it was non-consensual.

This is a lot to prove and difficult to find evidence for. The court will be tasked with looking at the totality of the circumstances, such as what part of the body was touched, the situation in which it occurred, words and gestures accompanying the act, and other circumstances surrounding the conduct.

The court will also examine how consent was acquired. Consent cannot be implied. The complainant must have agreed explicitly to the specific sex act. Consent can be withdrawn. Consent cannot be acquired from an intoxicated person. Furthermore, consent is not valid if it’s taken through an application of force, threats, or fear.

All of this is knowledge that a criminal defence lawyer at Kruse Law will use to structure a defence argument.

Analyze Consent

A careful examination of the complainant’s credibility and evidence alongside other evidence may be sufficient to suggest the charges should be lowered or that the sexual activity in question was consented to.

Mistaken Belief In Consent

We will search for an opportunity to demonstrate with evidence that you, the defendant, honestly and sincerely believed the complainant had consented to the sexual activity in question. This defense is negated, however, if drugs and alcohol were present, if you demonstrated a reckless attitude towards consent, or if consent can be proven to have been ignored, assumed, or guessed.

Charter Violations

Did the police violate your Charter rights in a criminal investigation? This can be grounds to exclude certain evidence. Likely violations could be searching your car without permission or police not allowing you to speak with a lawyer.

Innocence

You may have an alibi that is corroborated by video, eyewitness testimony, or electronic evidence. If you can place yourself somewhere else during the assault, this may demonstrate reasonable doubt that the sexual assault occurred in the first place.

You have the legal right to defend yourself if you are being charged with sexual assault, in addition to ensuring your Charter rights are respected before and during any arrest and holding.

 

The Role of A Hamilton Sexual Assault Lawyer

Our goal is to assess your case and develop a fact-based strategy to protect your freedom and reputation. We use proven trial advocacy tactics to:

• Assess the complainant’s reliability and credibility and any possible reasons they might lie
• Identify any inconsistencies or improbabilities in the complainant’s version of events
• Examine if your constitutional rights have been respected
• Provide a viable sexual assault trial strategy
• Prepare you to testify at trial to establish reasonable doubt
• Cross-examine the complainant and any other prosecution witnesses to undermine or weaken their credibility and reliability and create reasonable doubt

Assuming you wish to resolve your case and plead guilty, we will effectively negotiate the lightest possible sentence based on your background and the facts of your case. We believe that everyone deserves the best possible legal representation, no matter whether you are innocent or admit that you have committed a crime.

We can also assist in negotiating a peace bond for a sexual assault charge. A peace bond is a court order that acts as a preventative measure against potential future sexual assault charges by requiring the accused to refrain from any unlawful behaviour and further contact with the complainant.

If there is not enough evidence for a conviction, a peace bond may be something to consider as it does not constitute a criminal conviction itself, is not an admission of guilt, and may be a way to negotiate the withdrawal of a sexual assault charge.

 

It Is A Must To Follow All Sexual Assault Bail Conditions

While not every person charged with sexual assault will be released on bail, some will be. If this is you, ensure all sexual assault bail conditions are followed. The most likely conditions you are to face include:

• No contact with the complainant.
• No direct or indirect communication with the complainant.
• Avoid the complainant’s residence, business, school, place of worship, and frequented establishments.
• Surrender all weapons and firearms, and do not be in possession of any weapons.
• Abstain from alcohol and non-prescription drugs.
• Potentially adhere to a curfew.
• Demonstrate law-abiding behaviour at all times.

 

What To Expect Going To Court For A Sexual Assault Trial

As your sexual assault lawyer in Hamilton, we aim to first pursue a settlement through mediation. This approach helps avoid the need for a court trial, although a settlement may not always be reached.

If mediation isn’t successful, a pre-trial conference is held with a judge, you, the plaintiff, and your lawyers, in an attempt to facilitate a settlement. The judge’s role here is to guide the discussion and encourage a resolution.

If the settlement is not achieved, the case moves to trial. During the trial, both the plaintiff and defendant will present their evidence, and cross-examination will take place. As your legal team, we will present arguments and counterarguments, utilizing witnesses, experts, and other relevant sources to support your defense.

Once all evidence has been presented, the judge or jury will determine the outcome of the case and decide on any damages awarded.

If you are found guilty, there may be an option to appeal the decision. If we believe an appeal has a chance of success, we will help prepare a solid argument to have the verdict carefully reviewed.

 

Why You Should Retain Kruse Law As Your Legal Firm

If you have been arrested and charged with sexual assault in Hamilton, it is crucial to seek immediate help from an experienced sexual assault lawyer. Do not risk your future, family, career, or freedom by attempting to represent yourself.

The skilled lawyers at Kruse Law in Hamilton are ready to meet with you and discuss your case. We will listen to your perspective and offer guidance on the law, as well as explain how your case will move through the court system.

Our lawyers are experts in navigating the complexities of the criminal legal system and provincial laws related to sexual assault.

Kruse Law is committed to protecting your rights every step of the way and fighting to secure the best possible outcome for you.

 

Contact Us For A Free Consultation

Contact Kruse Law by phone or fill in the form indicated at your earliest convenience to receive a free consultation.

One of our criminal defence lawyers will meet with you and give you the preliminary legal advice you need at no cost. You are not under any obligation to hire us, but we can help guide you towards making the best decision in your case.

Please note that all consultations are privileged and confidential.

After we hear your case, we can advise on what legal options are best as they pertain to whether to divert your case from the court process by way of a peace bond, different sexual assault defence strategies to apply at trial, and how to approach potential sentencing and settlement offers.

Contact Kruse Law Firm now for a free consultation.

 

Frequently Asked Questions

Where is the Hamilton courthouse that handles sexual assault cases?

The John Sopinka Courthouse in Hamilton, Ontario handles sexual assault cases. The address is 45 Main St E, Hamilton, ON L8N 2B7.

How long does a sexual assault court case take?

Each sexual assault case is unique. Some cases may settle in months while others can take years to arrive at a settlement. It depends on the complexity of the case, what court dates are available, and how the plaintiff wishes to proceed through the legal process.

What is the difference between a criminal proceeding and a civil action?

A criminal proceeding surrounding sexual assault is initiated by police and Crown prosecutors. A civil claim is initiated by the complainant. In a civil claim, the complainant has full control over the proceeding. Another key difference is that a criminal proceeding must prove the sexual assault took place beyond a reasonable doubt which is a difficult standard to meet. A civil action must prove only that the sexual assault most likely happened which is an easier standard to meet and a harder argument to defend against. Ensure you are equipped with a smart, skilled sexual assault lawyer.

Can someone be charged with sexual assault without physical evidence?

Yes. Many sexual assault cases have no physical evidence at all. In present-day Ontario law, physical evidence is much less important when the issue is based around consent. Instead, expect evidence to include photographs of injuries, clothing worn during the assumed assault, text messages and voicemails exchanged between the plaintiff and the defendant, social media posts or messages, medical treatment records, and photographs of the location where the sexual assault took place.

How does Ontario define consent in a sexual assault case?

Consent is defined in Canada’s Criminal Code as a voluntary agreement to engage in sexual activity. Consent must be active, ongoing, and communicated through words or actions. As your criminal defence lawyer, we will review the evidence to see what proof exists that consent was not given or if there is potentially evidence suggesting that what took place does not suit the definition of a sexual assault.