Sexual Assault Lawyer Toronto
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Toronto Sexual Assault Lawyer
If you or someone you know has been charged with a sexual offence, it can feel as if you are presumed to be guilty just by being accused. Sexual assault is undoubtedly the most stigmatized crime in today’s society, second only to murder. Because we have defended countless clients like you, we understand the shame and agony that comes with being wrongly accused of a crime you did not commit.
Before founding his law firm, Alex Karapancev led the sex crimes defence practice at an established downtown Toronto law firm for several years. In this role, Mr. Karapancev secured successful results in countless sexual assault prosecutions. Through his forensic style of cross-examination, he has won full acquittals in a number of trials without even having to put his client up to testify.
It is critical to retain legal counsel as quickly as possible after being charged to maximize your chances of obtaining a favorable outcome. Karapancev Law can be reached through our website or over the phone 24 hours a day, 7 days a week to discuss any pending sexual assault charges.
How we help our clients:
- 24/7 availability to quickly address your needs;
- We strive return all calls and emails as soon as possible;
- Experience from hundreds of cases handled;
- A record of winning results.
A Winning Defence
Sexual assault allegations can cover a wide range of conduct, from unwelcome touching to rape allegations. Sexual assault charges frequently devolve into a “he said, she said” scenario. The defendant and the complainant may be the only eyewitnesses to the alleged sexual encounter. As a result, cross-examination is often the most crucial tool for proving your innocence. This is the most fundamental and important job that your criminal lawyer will perform. The preparedness, tenacity, and talent of your lawyer will determine the effectiveness of your accuser’s cross-examination. Mr. Karapancev is exceptionally experienced in defending sexual assault charges and effectively challenging the credibility and reliability of witnesses.
Other cases are more complicated and involve medical and physical evidence. Alex Karapancev has experience cross-examining forensic toxicologists on the topic of intoxication, as well as medical doctors and Sexual Assault Nurse Examiners on alleged physical evidence of sexual violence.
Furthermore, we have experience utilizing the services of our own experts and private investigators to uncover evidence and locate and interview witnesses that can assist the defence.
For the innocent, being accused of a sexual crime is a nightmare. A conviction carries significant penalties and stigma: job loss, lengthy prison sentences, and the humiliation of being a registered sex offender. Clients come to us because they know we are as dedicated to clearing their names as they are. In a number of trials, Alex Karapancev has been able to expose false allegations made by complainants and uncover that purported unwanted sexual activity was actually consensual.
Sexual assault law is one of the most complicated areas of law. We have experience navigating the unique court rules that apply to sexual assault prosecutions. The questions that a complainant can be asked in a sexual assault case are subject to limits. A specific application must be filed if a person accused of sexual assault desires to inquire about an accuser’s prior sexual conduct or gain access to third-party counselling or medical documents. We have successfully brought such applications where necessary and appropriate to mount successful defences.
Sexual Assault Defined
Sexual assault is a concept that encompasses all instances of unwelcome sexual contact, not just non-consensual sexual intercourse. Touching, kissing, and fondling are all examples of sexual assault. The court considers the complete set of facts, including the body part contacted, the verbal and physical gestures that accompanied the conduct, the accused’s motives, and the environment in which it occurred, to establish if the touching was sexual.
The Law of Consent in Canada
Under Canadian Criminal law, a person cannot freely consent to sexual activity if they are inebriated, unconscious, or asleep. Before engaging in sexual activity, it’s critical to take reasonable, necessary efforts to ensure the other person is consenting. In Canada, the legal age of consent is 16. While there are few exceptions, a person is legally able to agree to sexual conduct only when he or she reaches the legal age of 16.
Consequences of Conviction for Sexual Assault
If you are convicted of a sexual assault allegation, you will face a number of penalties. Because there is such a broad definition of what constitutes a sexual assault, you could face everything from probation to a lengthy prison sentence. Depending on the age of the complainant, you could face a maximum term of 10-14 years in prison. A conviction for aggravated sexual assault carries with it a potential maximum sentence of life imprisonment. A sexual assault conviction could result in incarceration as well as a collateral civil action.
Canada’s Sex Offender Registry
If you are found guilty of sexual offences, the court may order you to register with the Canadian Sex Offender Registry. This is a database that contains information on people who have been convicted of specific Criminal Code offences across the country. These are some of the offences:
- Sexual assault
- Sexual assault with a weapon
- Aggravated sexual assault
- Sexual interference
- Invitation to sexual touching
- Sexual exploitation
- Incest, bestiality
- Child pornography
If you have attempted or conspired to do any of the above, you may also be compelled to register with the National Sex Offenders Registry.
While your name would be protected from the general public, it would be available to all accredited Canadian police departments in every province and territory. Every year, under the Sex Offender Information Registration Act (SOIRA), registered individuals must supply the following information:
- Date of birth
- Current address
- Vehicle information
- Current photograph
- Identifying marks
- Employment and/or volunteering and address
- Any sex offences for which the perpetrator has been found guilty.
When a sexual offender is released from a custodial institution into the community, the police can alert the public. Even though the public does not have access to the National Sex Offenders Registry, the police can inform them of the release. If your name is added to the National Sex Offenders Registry, it could stay there for the rest of your life. You can prevent this with the help of a successful legal plan given by a sexual assault lawyer from our Toronto law firm.
Defences in Sexual Assault Cases
Karapancev Law has a long track record of successfully fighting sexual assault allegations in Toronto and throughout the GTA. We have expertise presenting a variety of defences, including:
- The sexual activity forming the allegations was consensual;
- The client had an honest but mistaken belief in communicated consent;
- The allegation was a complete fabrication;
- The Crown cannot prove the identification of the accused.
Karapancev Law, a leading criminal defence practice in Toronto, has successfully defended innumerable individuals accused of sex crimes. Defending against sexual assault allegations needs a thorough understanding of the Criminal Code, evidentiary rules, and the types of evidence that can be heard in court. To combat these accusations, we use every instrument at our disposal. We have dealt with complex court proceedings previously, and we know how to present the best evidence in front of the judge. This includes evidence of the complainant’s earlier sexual activity where appropriate, as well as the complainant’s own medical records. We have hired private investigators, pharmacologists, forensic psychiatrists, forensic toxicologists, and other experts to help accused people defend themselves.
Sexual assault charges are complex, emotional, and demanding to deal with. A guilty verdict can have serious ramifications. A conviction results in the mandatory placement of your name on the Sexual Offender Registry, in addition to social stigma and the possibility of jail time. You will need an experienced criminal lawyer who understands the strategy and talent required to mount the most effective defence.
Some of Our Past Results
R. v. K.S.: The client was an Uber driver charged with sexual assault. The trial took place in Toronto during the “COVID era,” and the Crown brought an application to have the complainant testify out of Court. The complainant claimed she was afraid of contracting COVID-19 if she attended court in person, specifically because she cared for her elderly grandparents. The defence conducted an investigation of its own and discovered through social media that, rather than following public health measures to avoid COVID-19 infection, the complainant had breached the Ontario “Stay at Home Order” by attending social gatherings and going to parties. When the defence presented this evidence, the Crown withdrew their application immediately. The trial began with testimony from the complainant in Court. Midway through the defence’s cross-examination of her, the Crown withdrew the criminal charge.
R. v. J.M.: The client was charged with sexual assault in a date rape scenario. The trial was held in Oshawa, and the defence admitted that sexual intercourse occurred but contended that it was consensual. On the second day of the complainant’s cross-examination, the defence was able get her to admit to the facts that she lied to the police, lied to her mother, and tampered with evidence she submitted to the police. The prosecution requested that the judge dismiss the charge.
R. v. T.C.: The client was charged with sexual assault involving an allegation of a serious rape at a house party in Brampton. The complainant claimed that the client drugged her and then sexually assaulted her in different locations throughout the house. The trial, which lasted one week, took place in the Superior Court of Justice. The complainant was impeached throughout a lengthy cross-examination on past statements she made to the police, sexual assault examination nurse, and during the preliminary hearing. The defence did not call any witnesses, and the defendant was acquitted.
R. v. O.A.: The client was charged with two distinct sets of offences stemming from his relationship with his ex-girlfriend. One was an alleged domestic assault, while the other involved a rape. The defence position was that this was an untruthful complainant with motivations to fabricate these claims. The domestic assault case was scheduled for trial, and the sexual assault case was scheduled for a preliminary hearing. Ultimately all charges were withdrawn.
R. v. A.G.: The client was charged with sexual assault with a weapon. At the preliminary hearing in Toronto, the defence vigorously cross-examined the complainant and got her to admit on the stand that she had not been candid. The cross-examination uncovered numerous flaws in her credibility. The Crown ultimately requested that the judge discharge the accused on the charge.
R. v. E.A.: The client was charged with Sexual Assault involving allegations of date rape in Brampton. The defence theory was that the complainant fabricated the claims. Mr. Karapancev vigorously cross-examined the complainant during the preliminary hearing, exposing issues with her credibility and reliability. Following Mr. Karapancev’s cross-examination, the Crown decided to stay the charge.
R. v. R.H.: The client was charged with Sexual Assault involving a date rape allegation at a condo party in Toronto. The defence’s position was that the complainant was patently unreliable and that the allegations were false. The charge was eventually withdrawn following continued negotiations with the Crown.
R. v. J.D.: The client was charged as a party to a gang sexual assault. The accusations included that the complainant was subjected to a violent and severe sexual assault. The defence had persuasive negotiations with the Crown attorney, arguing that they could not establish that the male in question was the client. The Crown withdrew all sexual assault charges on the first day of the case’s preliminary hearing.
R. v. T.S.: The client was accused of having sexual intercourse with the complainant while she was purportedly too inebriated to consent. The defence hired a private investigator to aid with witness identification. Additionally, the defence filed several pre-trial motions, including a “Seaboyer Application” to admit sexual photographs provided to the client by the complainant. Numerous exhibits were filed at trial containing text messages and Facebook conversations exchanged between the client and the complainant. The complainant was vigorously cross-examined by the defence for several days. The defence asserted that the accuser lacked credibility and reliability. The client was found not guilty at the conclusion of the trial.
R. v. R.H.: The client was arrested on allegations of raping a former girlfriend. The Crown relied on the complainant’s testimony and medical evidence to corroborate the sexual activity. The defence was successful in introducing evidence of the complainant’s prior sexual acts through a “Seaboyer Application.” This effectively neutralized the medical evidence. The defence cross-examined the doctor in issue and challenged the complainant’s credibility. The client was acquitted by the judge.
R. v. R.S.: The client was charged with sexual assault allegations on two complainants. After conducting an investigation with the client, it became evident that there was documentation that contradicted the complainants’ accounts. The charges were dismissed following continued discussions with the Crown prosecutor.
Disclaimer: Past results are not necessarily indicative of future results. Every case is unique.