Our Cambridge lawyers focus on defending sexual assault charges. We will carefully analyze the prosecution’s case and review your version of events to maximize your chances of winning your trial or obtaining the best result possible. We will also provide you with the best strategy to successfully defend you at your trial.
Any assault can occur by either the use of actual force or by the threat of force. In a sexual assault case, the prosecution must prove three elements:
- An intentional touching
- The contact was of a sexual nature
- There was no consent
Sexual Assault Defence Strategy
Based on these definitions, we will assess the circumstances of your case and develop a fact and legal-based strategy that will best represent your case. In building your defence strategy, we will use our experience and knowledge to:
- Examine the circumstances in which the event happened to expose any inconsistencies, improbabilities, or motives that work in your favor
- Create reasonable doubt at your trial by cross-examining the complainant and challenging their credibility and reliability
- Determine which strategy works more in your favor in terms of establishing the defence of consent or mistaken belief in consent
- Assess whether your constitutional rights have been violated
- Prepare you to testify at trial
- Advocate on your behalf with the Crown and in court to minimize your sentence in case you choose to plead guilty
Consequences of a Sexual Assault Charge
Having an experienced Cambridge criminal lawyer on your side to represent you in court is paramount in situations like these, where the negative consequences can negatively influence the rest of your life.
The sentence that will be handed down from the court for a sexual assault depends upon whether the Crown elects summarily or by indictment, the facts of the case, the age of the victim, and your personal background. The defendant has an option to elect to be tried by a judge and jury in the Superior Court of Justice if the Crown elects to proceed by indictment. Summary conviction sexual assault charges can only be heard by a judge alone in the Ontario Court of Justice.
- An accused will face a maximum of ten years in jail if the victim is 16 years or older.
- An accused will face a maximum of 14 years in jail if the victim is under the age of 16 years or if you are in a position of trust or authority towards the victim.
Lengthy jail terms are the norm if you are convicted of a sexual assault, with a possible exception for only the most minor sexual assault such as a fleeting or momentary touch over the clothes.
However, there are lengthy mandatory minimum jail terms even for a minor sexual assault if the victim is under 16 years old or the accused was in a position of trust or authority, such as a coach or teacher.
Anyone convicted of a sexual assault will be placed on both an Ontario and national sex offender registry for ten years, 20 years, or life, depending on the nature of the sexual crime they committed. A person who has been placed on the registry has ongoing reporting obligations and will be required to follow the rules of the registry. While not public, this list is accessible by the police and can have a serious negative impact on your future.
Why You Should Retain Us
It is always a bad idea to represent yourself at any stage of your case. Our experienced sexual assault defence lawyers in Cambridge can advise you on what is in your best interest and defend you at all stages of the court process, including at your trial. You can breathe easy knowing that you are being represented by a legal team that is highly driven, qualified, and dedicated to protecting your rights.
Michael Kruse is a seasoned criminal defence lawyer with over 30 years of experience. The Kruse Law Firm has been in existence for over 28 years and offers a highly skilled team, including three former Crown prosecutors. They are dedicated to protecting their clients’ liberty and successfully defending their cases with proven courtroom strategies.
If you find yourself facing a sexual assault charge, we highly recommend you book an online consultation or call our lawyers in Cambridge. Our team of lawyers has dedicated their careers to successfully defending against sexual assault charges and are ready to assist you in avoiding a negatively life-changing experience.
Your initial online consultation with the Kruse Law Firm is complimentary, with no cost and no obligation.
Our Kitchener office is conveniently located for Cambridge residents (including Galt, Preston and Hespeler).
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.