Sexual Assault Lawyers

Need help with a sexual assault charge – now?

A mere accusation of sexual assault can be devastating. We know this. We are experts in sexual assault law. It is what we do, and we do it very well.

Call or fill out the form. We answer 24/7 for emergencies.
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Call: +1 866-471-1107

A mere accusation of sexual assault can be devastating to your reputation.

Our team of uniquely qualified sexual assault lawyers knows this and is very experienced in defending this charge. We take a strategic and thorough approach to defending you and pursuing the best result possible for your defence.

If you are charged with sexual assault it is imperative that you are well represented by effective and knowledgeable legal counsel.

For more information, contact us.

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Always accessible

There is no point in talking to voicemail when you need us urgently. We always pick up. When we don’t you can text us or email us and we will get back to you within six hours at the latest.

Cooperative

You are heard and not ignored. We cannot obtain the result that is best for your specific situation unless we listen to you. It is a cooperative effort.

Transparent and honest

Harsh truths are better than comfortable lies. We are honest and candid with you about your chances of success with each action, but you make the call.

“Professional honest person and very smart and intelligent Lawyer.

“He’s a professional, honest person and a very intelligent lawyer. I had 8 charges against me and I could have been in jail for a long time, but he succeeded to drop 6 charges. I got the lowest sentence with no jail time. Thanks Mr. Afolabi. I highly recommend him for any criminal court!

A. K. | More Google Reviews

“Professional honest person and very smart and intelligent Lawyer.

“He’s a professional, honest person and a very intelligent lawyer. I had 8 charges against me and I could have been in jail for a long time, but he succeeded to drop 6 charges. I got the lowest sentence with no jail time. Thanks Mr. Afolabi. I highly recommend him for any criminal court!

A. K. | More Google Reviews

Professional Sexual Assault Lawyers

A sexual assault is an assault that is sexual in nature and which is committed in such a way that the sexual integrity of the victim is violated. In its simplest and most basic form, sexual assault is any unwanted touching of a sexual nature that violates another person’s sexual integrity.

Canadian law also states that a person does not need to receive any sexual pleasure from the act or even commit the act for a sexual purpose in order for him/her to be guilty of sexual assault when a complainant’s sexual integrity is violated.

Contact our sexual assault lawyers for help with your specific situation.

Sexual Assault Defence

Two common defences to a sexual assault allegation are ‘consent’, or ‘honest but mistaken belief in consent’.

In cases of sexual assault, the law states that a court decides what is consensual exclusively from the perspective of a victim. This means if a victim testifies that an act was not consensual and the court believes their evidence, the court will find that the act was not consensual.

However, the accused person still has the defence of mistaken belief in consent available in a case like this, where a person is not reckless or “wilfully blind” to a person’s lack of consent, s/he may be found not guilty of sexual assault.

Our sexual assault lawyers focus on representing people accused of sexual assaults in Southwestern Ontario.

Talk to us today about the best results for your situation.

“My experience with Mr. Afolabi has been nothing short of life saving.

“He supported me through a legal system which seemed to be working against me. From a short time in cells through disclosure to preliminary hearings – Mr. Afolabi handled my complicated and serious criminal charges professionally and timely.

He always explained the process and many times he represented me in court without my attendance required.

A. A.

“Great Lawyer, handled everything professionally.

“Was treated well, and informed of every decision needed to be made. Worked well to deliver best result possible in given circumstances. I am quite pleased with his work and recommend his services to anyone in a bind.

M. M.

Frequently Asked Questions

What is the Definition of Sexual Assault?
A sexual assault is an assault that is sexual in nature and which is committed in such a way that the sexual integrity of the victim is violated. In its simplest and most basic form, sexual assault is any unwanted touching of a sexual nature that violates another person’s sexual integrity.
Penalty
The maximum penalty for a conviction of sexual assault is 10 years in jail.
What is the Legal Definition of Consent?
Consent is given when someone voluntarily agrees to sexual activity. In order for consent to be valid the person giving it must:

  1. Be the person engaging in sexual activity. Another person cannot give consent on a different person’s behalf;
  2. The person must be able to consent. A person who is underage or unconscious cannot give consent;
  3.  It cannot be as a result of an abuse of trust, power, or authority;
  4. It cannot be as a result of threats or fear for one’s safety;
  5. Not have given it as a result of being tricked or deceived about a material fact. An example of this would be his/her partner’s HIV status.
What is the Age of Consent?
The age of consent in Canada is 16 years. There are two “close in age” exceptions. A person who is up to five years older can lawfully engage in sexual activity with someone who is 14 or 15 years old, and a person who is two years older can lawfully engage in sexual activity with someone who is 12 or 13 years old.
Can a Person be Accused of Sexual Assault Even if the Alleged Victim is his/her Spouse?
The law in Canada makes it illegal to have non-consensual sexual relations with anyone, including a spouse.
What if an Assault is Not for a Sexual Purpose?
Canadian law also states that a person does not need to receive any sexual pleasure from the act or even commit the act for a sexual purpose in order for him/her to be guilty of sexual assault when a complainant’s sexual integrity is violated.
Can a Drunk Person Consent to Sexual Activity?
In some circumstances a drunk person can consent to sexual activity. The law states that poor decisions, memory loss, and loss of inhibitions due to alcohol do not automatically make any sexual activity that may have occurred non-consensual. If a person however is drunk to the point of incapacitation, s/he cannot consent to sexual activity.
What is the Difference Between Rape and Sexual Assault?
There is no longer a charge of rape. Any type of unwanted sexual contact from touching to intercourse falls under the category of sexual assault. A person who is accused of rape and charged will be charged with sexual assault.
What are the Defences to Sexual Assault?
  • Consent – Where a court has reasonable doubt as to whether or not a complainant wilfully consented to participate in sexual activity, this defence is successful.
  • Honest but mistaken belief in consent – Where a person is not reckless or “wilfully blind” to a person’s lack of consent, s/he may be found not guilty of sexual assault.

Contact our sexual assault lawyers today for help with your specific situation.

What is the Definition of Sexual Assault?
A sexual assault is an assault that is sexual in nature and which is committed in such a way that the sexual integrity of the victim is violated. In its simplest and most basic form, sexual assault is any unwanted touching of a sexual nature that violates another person’s sexual integrity.
Penalty
The maximum penalty for a conviction of sexual assault is 10 years in jail.
What is the Legal Definition of Consent?
Consent is given when someone voluntarily agrees to sexual activity. In order for consent to be valid the person giving it must:

  1. Be the person engaging in sexual activity. Another person cannot give consent on a different person’s behalf;
  2. The person must be able to consent. A person who is underage or unconscious cannot give consent;
  3.  It cannot be as a result of an abuse of trust, power, or authority;
  4. It cannot be as a result of threats or fear for one’s safety;
  5. Not have given it as a result of being tricked or deceived about a material fact. An example of this would be his/her partner’s HIV status.
What is the Age of Consent?
The age of consent in Canada is 16 years. There are two “close in age” exceptions. A person who is up to five years older can lawfully engage in sexual activity with someone who is 14 or 15 years old, and a person who is two years older can lawfully engage in sexual activity with someone who is 12 or 13 years old.
Can a Person be Accused of Sexual Assault Even if the Alleged Victim is his/her Spouse?
The law in Canada makes it illegal to have non-consensual sexual relations with anyone, including a spouse.
What if an Assault is Not for a Sexual Purpose?
Canadian law also states that a person does not need to receive any sexual pleasure from the act or even commit the act for a sexual purpose in order for him/her to be guilty of sexual assault when a complainant’s sexual integrity is violated.
Can a Drunk Person Consent to Sexual Activity?
In some circumstances a drunk person can consent to sexual activity. The law states that poor decisions, memory loss, and loss of inhibitions due to alcohol do not automatically make any sexual activity that may have occurred non-consensual. If a person however is drunk to the point of incapacitation, s/he cannot consent to sexual activity.
What is the Difference Between Rape and Sexual Assault?
There is no longer a charge of rape. Any type of unwanted sexual contact from touching to intercourse falls under the category of sexual assault. A person who is accused of rape and charged will be charged with sexual assault.
What are the Defences to Sexual Assault?
  • Consent – Where a court has reasonable doubt as to whether or not a complainant wilfully consented to participate in sexual activity, this defence is successful.
  • Honest but mistaken belief in consent – Where a person is not reckless or “wilfully blind” to a person’s lack of consent, s/he may be found not guilty of sexual assault.

Contact our sexual assault lawyers today for help with your specific situation.

Our Criminal Defence Process

We do not believe that one size fits all. Our system of defence is tailored for you – we listen to you, strategize with you, and then defend you to get you out of the system, or get you the best possible results.

We Listen to You

Different clients have different interests when they are in the justice system. Some want to clear their name completely, others want to get out of the system as quickly as possible. Others want to avoid jail at all costs. You may simply want to get back with your family.

There is no one-size-fits-all approach to law. What is right for one client may not be right for another.

We listen to you to fully understand your specific interest, and then move to pursue it.

We Strategize with You

You are the only one who knows what happened and how it happened. In preparing for trial, we work with you clarify the details.

We find out why things happened the way they did, and work hard to understand where and how we can find flaws in the case against you. Our criminal lawyers fully prepare for every contingency, even the ones that might not be anticipated.

We devise a plan based on your knowledge and experience of the facts and our knowledge and experience of the law.

We Defend You

After our plan is perfected, we play it out in the courtroom. We are fully prepared by this point and completely ready to defend you.

Receiving a successful outcome on your case can take many forms. It can mean probation instead of jail; complete or partial acquittal; or even only pleading to assault, not admitting to sexual assault allegations.

Success means getting the best results possible – for you.

24-Hour Criminal Lawyers

The Police lay charges 24/7. We answer the phone 24/7. When the police show up at your door, you might have a lot of questions. Do you have to let them in? Can they search your phone? What can they seize? What should you say? What do you have to tell them?

Sometimes it’s what you don’t say to the police that can result in your freedom.

Legal advice is invaluable when you have these questions. That’s why we prioritize being accessible to you. Our criminal lawyers will do their very best to answer your phone call and meet with you as soon as possible.

If for some reason you cannot reach us by phone, send us a message and we will get back to you immediately.

Call: +1 866-471-1107
Send Message

24-Hour Criminal Lawyers

The Police lay charges 24/7. We answer the phone 24/7. When the police show up at your door, you might have a lot of questions. Do you have to let them in? Can they search your phone? What can they seize? What should you say? What do you have to tell them?
Sometimes it’s what you don’t say to the police that can result in your freedom.
Legal advice is invaluable when you have these questions. That’s why we prioritize being accessible to you. Our criminal lawyers will do their very best to answer your phone call and meet with you as soon as possible.

If for some reason you cannot reach us by phone, send us a message and we will get back to you immediately.

Ontario Criminal Lawyers and Criminal Defence
Call: +1 866-471-1107

Areas We Serve

Areas We Serve

Area We Serve
Locations
London Office
433 William St,
London, ON N6B 3E1

Kitchener/Waterloo Office
30 Queen Street North
Kitchener, ON N2H 2G8

Hamilton Ontario
987 King St E Suite 102
Hamilton L8M 1E6

Phone/Fax
Phone: +1 866-471-1107
Fax: (519) 645-2882
Areas We Serve
We proudly serve all of Southwestern Ontario, including but not limited to the following:

London Hamilton Kitchener/Waterloo
Windsor Woodstock Sarnia
Brantford St. Thomas Chatham-Kent
Simcoe Goderich Stratford

Criminal Law Information & Disclaimer

Past results are not necessarily indicative of future results. We update our website with written resources and links. Please note that our posts are not legal advice. Until we sign a retainer, we are not your criminal lawyer. Nevertheless, the posts and links on our website can help you with research, and forming an idea about your next steps. If you are ever in a legal crisis, however, it is imperative that you contact a criminal lawyer as soon as you can. We cannot overstress how important this is. It can really make a significant difference.

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