Toronto Sexual Assault Criminal Defence Lawyer
A person convicted of a sexual assault may be sentenced to imprisonment
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Sexual Assault
Criminal Defence Lawyer sexual assault charges – Toronto, Brampton, Mississauga, North York
Sexual assault is a serious form of assault under the Criminal Code. Depending on the circumstances of the case, a person convicted of a sexual assault may be sentenced to imprisonment, lengthy probation order and will be ordered to provide their information to the police for the purposes of the Sexual Offender Information Registry Act.
Sexual Assault
What is Sexual Assault?
Sexual assault is an assault on a person of a sexual nature in a way that violates their sexual integrity. A violation of sexual integrity is largely based on the facts of the case and can encompass many situations. The Court will look at all relevant factors, such as the parts of the body that was touched, the nature of the contact, the words and gestures exchanged between the accused and the complainant, and the circumstances of the alleged incident. In the same manner, a person in a relationship can be accused of sexual assault on their romantic partner. At any point, a romantic partner can refuse to give consent to any sexual contact during the relationship. There are several defences for sexual assault. If the allegations never happened in the first place, you cannot be found guilty of sexual assault. One of the defences that can be advanced, depending on the circumstances, is honest but mistaken belief in consent. What needs to be shown is that the person charged took all the “reasonable steps” to ascertain consent and must believe that the complaint communicated her/his consent to engage in the sexual activity in question.
Punishment for Sexual Assault and Related Penalties
Where the Crown proceeds by way of indictment, a person is liable for up to ten years in prison. Where the Crown proceeds summarily, a person can be sentenced to a maximum of 18 months of imprisonment. If you are found guilty of sexual assault, you are automatically subject to a Sex Offender Information Registration Act (“SOIRA”) order. This means that you must provide your information to the National Sex Offender Registry, a database maintained by the RCMP and accessible by all accredited Canadian police agencies which allows the police to investigate and prevent crimes of sexual nature. The public does not have access to the National Sex Offender Registry. The database will contain your name, date of birth and current address, a current photograph and identifying marks, vehicle information and driver’s license, employment information and address, passport information, and sexual offence(s) for which the person has been convicted. The duration of the SOIRA order is either 10 years, 20 years, or for life depending on factors such as the maximum penalty for the offence committed. At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results. If you are charged with sexual assault, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
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Client Reviews
Ramiya Kanagaratnam
2021-05-15
Ines Gavran was the first lawyer I contacted after my first criminal offence and after speaking to several other lawyers for multiple opinions, I realized that I felt the most reassured by Ms. Gavran. She made me feel comfortable throughout the process and provided me with updates throughout. I was charged in December and thanks to my amazing lawyer, it was dropped in under 5 months! I’m so grateful I found her!
Mame-Abena Kwarten
2021-04-28
Ines is a very strong, kind, focused and hard working individual who has done everything in her power to fight the case given to her! I highly recommend Ms. Gavran.
Mohanned Khalil
2021-04-13
Strong, honest & smart lawyer that will fight for you to the end !
Eric Hansen
2021-02-10
Ines is a hard working individual who plans, articulates and executes her profession to the highest level. During my time working with her, no matter the time, she would communicate whenever she was available. I remember it was very late at night and nevertheless, took the time to call and understand what I was going through. Immediately, she understood what she had to do and even went far to diffuse the situation. As a lawyer, she is someone who you can rely on and have 100% trust in. She's not in it for money. She's in it to give the best results to her clients and this has happened for me. Thank you, Ines!
Honest
2020-12-25
Excelente abogada. Muy inteligente y sympatica. Me recomenda
Alexandra Jack
2020-12-11
She is everything that I ever needed in a lawyer. Always professional, timely, understands the situation, and she really directed me in the right direction. THANK YOU SO MUCH FOR ALL THAT YOU'VE DONE MS. GAVRAN! A true blessing in my life.
Thamara Mendez
2020-06-27
When conducting some research about Criminal defence in Canada for an assignment with my daughter, We were referred to Ms.Gavran to provide her expertise. Ms.Gavran, was thorough, knowledgeable, professional and really helped my daughter and I gain a better understanding to court proceedings, case law, withdrawals vs. Stay of charges in criminal matters and what the process is in terms of getting prints and photos destroyed when a full withdrawal is granted. Ms. Gavran was a pleasure to work with and I would 100% refer her to anyone should they be facing criminal charges. She’s hard working, reliable and she has my utmost confidence.
Wilfred & Noreen Rosario
2019-12-23
Talking to Ms. Gavran I was not sure she would get me a discharge. She looked quite young so I was a bit skeptical. But the way she prepared the case and laid down how I should conduct myself and how to answer the questions from the prosecutor and the Judge it was amazing. She made me feel very comfortable and the end was as she had predicted. I would recommend her anytime. Thanks for helping me Ms. Gavran. I am a free man because of you!! Wilfred
Caroline Muir
2019-10-31
Would highly recommend. Very much a knowledgeable grounded lawyer that I would trust to represent me an win.
Blake Durbin
2019-09-26
Supportive and kind amongst a killer instinct. I felt confident from the start that this was going to end up in my favor in spite of the circumstances - and she came through for me with flying colours. It was a difficult time and I recieved so much support that I was left without worry. Worth every penny spent. I highly recommend Gavran Criminal Defence.
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