Sexual Assault
A sexual assault charge is one of the most serious allegations a person can face. The consequences of a conviction are severe, including lengthy jail sentences, a permanent criminal record, and mandatory registration in the National Sex Offender Registry. At Doyle Criminal Defence, we provide strategic representation for individuals accused of sexual assault and related offences, such as sexual exploitation, sexual interference, distributing intimate images, luring, and human trafficking.
Sexual assault is one of the most legally complex areas of criminal law, governed by complicated and evolving legislation that sets out strict rules for how these cases are defended. Kathryn carefully examines the Crown’s evidence, challenges the credibility and reliability of complainants, and ensures the prosecution is held to its high burden of proof. She understands the stigma and stress these charges carry, and she is committed to protecting her clients’ rights, reputations, and futures.
Being charged does not mean you are guilty. Contact Doyle Criminal Defence for a confidential consultation and experienced sexual assault defence in Toronto and across Ontario.
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Under Canadian law, consent means a voluntary agreement to engage in sexual activity. It must be communicated through words or conduct that clearly show agreement. Consent cannot be obtained through force, threats, manipulation, or authority. It also cannot be given if a person is unconscious, incapable of consenting due to intoxication or other factors, or if the agreement is made by someone else on their behalf. Importantly, consent can be withdrawn at any time, and once it is withdrawn, sexual activity must stop immediately.
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The general age of consent for sexual activity in Canada is 16 years old. However, there are important exceptions. The law allows for “close-in-age” exceptions so that young people can engage in consensual sexual activity with peers: for example, a 14- or 15-year-old can consent to sexual activity with someone less than five years older, and a 12- or 13-year-old can consent if their partner is less than two years older. There are also higher age requirements (18 years) where the relationship involves trust, authority, or dependency, such as with teachers, coaches, or other positions of power.
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Sexual assault trials have unique evidentiary rules. For example, there are restrictions on introducing evidence of a complainant’s past sexual history, and special procedures apply if private records (such as texts, medical files, or counselling notes) are sought. These rules make legal strategy especially important.
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Not at all. While sexual assault law is complex, common defences include challenging the credibility of the complainant or demonstrating that the accused honestly but mistakenly believed the complainant was consenting.