Being charged with a sexual offence is one of the most devastating allegations a person can face. The stigma alone can threaten your reputation, career, and family life before a trial even begins. A conviction carries life-altering consequences, including lengthy jail sentences and registration on the National Sex Offender Registry. If you are facing these allegations, you need a highly skilled sexual assault lawyer to protect your future.
Sexual assault cases are uniquely challenging. Often, there is no physical evidence or independent witnesses, meaning the trial comes down to a "he-said, she-said" scenario. The outcome of your case will heavily depend on exposing inconsistencies in the complainant's story. A rigorous defence strategy may involve:
TL Criminal Defence represents clients across the GTA and Ontario facing all types of sexual offence charges, including:
Trevor Lau understands the catastrophic impact of a wrongful accusation. He has a proven track record of securing complete acquittals and having charges withdrawn by demonstrating that allegations are manifestly false or unreliable.
Contact TL Criminal Defence immediately for a discreet, confidential consultation.
Judges and juries must evaluate the case using the strict three-step framework from R. v. W.(D.). The Crown carries the heavy burden of proving guilt beyond a reasonable doubt based solely on the credibility and reliability of the witnesses. Under the Supreme Court's ruling in R. v. Gerrard, the simple absence of a proven motive to fabricate can never be used to automatically validate a complainant's truthfulness or shift the burden of proof to the defence.
The primary legal defences in a sexual assault prosecution typically fall into three categories:
Sexual assault applies to any non-consensual sexual touching of another person, regardless of their age. Sexual interference under Section 151 of the Criminal Code is a separate, specialized offence that specifically targets any sexual touching of a youth under the age of 16. Crucially, consent is legally non-existent and cannot be raised as a defence against a sexual interference charge.
No, not automatically. Under Section 276 of the Criminal Code, evidence of a complainant's prior sexual activity is strictly inadmissible to suggest they are more likely to have consented or are inherently less worthy of belief. To introduce any historical sexual records or communications, your lawyer must run a rigorous, two-stage application proving the evidence has specific, highly relevant probative value that directly outweighs its prejudicial effect.
Yes, but only by successfully arguing a formal Section 278 Third-Party Records application. Under the binding R. v. Mills and s. 278.3 Criminal Code framework, therapeutic and medical files are fiercely protected by statutory privacy rights. Your lawyer must establish case-specific, concrete factual grounds proving the files are "likely relevant" to an active issue at trial before a judge will ever order them produced for a private judicial review.
None of the information contained on this website is legal advice, and is meant for educational purposes only. If you have been charged with a criminal offence, only the lawyer you retain can provide you with legal advice specific to your case.
Being charged with a criminal offence is a life-changing event. You deserve honest communication and a rigorous defence throughout the criminal justice process.
Contact TL Criminal Defence for experienced representation against any and all kinds of criminal charges.
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