If you’ve been investigated, arrested, or charged for sexual assault under Section 271 of the Criminal Code or voyeurism under Section 162 of the Criminal Code, a lawyer from Strategic Criminal Defence will:

  • Protect your legal rights.
  • Scrutinise the evidence.
  • Build a strong defence strategy.

Cases can be highly technical and sensitive, as well as high-stakes. A seasoned sexual assault lawyer can work to minimize the reputational damage, immediate penalties, and long-term consequences, including registration on the National Sex Offender Registry (SOIRA).

Over the past decade of providing legal services in Edmonton, our team has earned:

  • The Consumer Choice Award in consecutive years (2025, 2026)
  • An A+ rating from BBB
  • Over 140 5-star Google reviews.

Accused of sexual assault in Edmonton? What to do before you’re charged:

  • Halt communication and social media posts: Do not text or call the complainant or their family, and do not post anything on social media.
  • Preserve evidence: Write down what happened and preserve any physical or digital evidence that might help your case.
  • Call a lawyer: Pre-charge legal advice can protect your rights and prevent you from making your situation worse.
  • Stay silent: Do not answer any police questions. Let your lawyer handle communication with the investigators.

Contact us for a free, no-obligation consultation.

Testimonials

“My case was in the best hands”

“Very big thanks to Ellen Sutherland for taking on my case with a positive outcome. I was dealing with 3 charges, and she managed to get them all withdrawn from the court. I am very satisfied, and I would recommend her to anybody! From start to finish, she always kept me informed with any updates and assured me that my case was in the best hands. Kudos to Ellen and her amazing team!!”

C.C.

“Knowledgeable, approachable, and professional”

I would absolutely recommend Ahmed Haroon to anyone looking for a lawyer who is knowledgeable, approachable, and professional. Thanks, Ahmed.”

K.M.

What are sexual assault and voyeurism charges?

Prosecutors in Canada treat sex crime allegations very seriously, whether it’s sexual assault or voyeurism.

What is sexual assault?

Sexual assault covers a broad range of offences involving sexually touching another person without their consent. This can be anything from kissing to sexual intercourse, and offences are considered “aggravated” (under s. 273 of the Criminal Code) if the accused wounds, maims, disfigures, or endangers the life of the complainant.

Sexual assault with a weapon (s. 272 of the Criminal Code) is a separate offence, as is sexual interference, which is the touching of a person under the age of 16 for a sexual purpose (s. 151 of the Criminal Code).

What is voyeurism?

Voyeurism is the secret, non-consensual observation or recording of an individual who has a reasonable expectation of privacy.

For instance, placing a camera in a public gym changing room to secretly film people getting undressed could lead to a voyeurism charge.

How will a conviction impact your future?

A conviction for a sexual offence carries a considerable risk of a lengthy prison sentence, as well as life-changing, long-term consequences that we will try to prevent.

Both sexual assault and voyeurism are hybrid offences, which can be treated summarily (less serious) or by indictment (more serious). Some versions of sexual assault are indictable only.

Here are the sentences for sexual assault, voyeurism, and related crimes:

OFFENCE SUMMARY CONVICTION MAXIMUM INDICTABLE MAXIMUM MANDATORY MINIMUM
Sexual Assault
(Covers non-consensual sexual touching)

18 months, or 2 years less a day if the complainant is under 16.

A fine of up to $5,000.

10 years (no limit on fine). None.
Sexual Assault — Complainant Under 16 2 years less a day. 14 years (no limit on fine).

1 year (indictable).

6 months (summary).*

Sexual Assault with a Weapon, Threats, or Causing Bodily Harm N/A (indictable only). 14 years.

5 years (firearm).

4 years (restricted or prohibited firearm used).*

Sexual Assault with a Weapon — Complainant Under 16 N/A (indictable only). Life imprisonment. 5 years.*
Aggravated Sexual Assault N/A (indictable only). Life imprisonment.

5 years (firearm).

4 years (restricted or prohibited firearm).*

Aggravated Sexual Assault — Complainant Under 16 N/A (indictable only). Life imprisonment. 5 years.*
Sexual Interference
(Direct sexual touching of a person under 16 for a sexual purpose)

2 years less a day.

A fine of up to $5,000.

14 years.

1 year (indictable).

90 days (summary).*

Voyeurism

2 years less a day.

A fine of up to $5,000.

5 years. None.

*Mandatory minimum penalties are frequently challenged and reviewed. Check potential penalties with your lawyer.

Will I have to register as a sex offender?

If you are convicted of sexual assault or voyeurism, you may have to register as a sex offender (SOIRA) for 10 years, 20 years, or life, depending on the offence and the sentence imposed.

Potential SOIRA registration is just one of the many effects of a lifelong criminal record after a sex crime conviction. Other consequences, depending on the nature of the offence, include:

  • Court-ordered restrictions on contact with certain persons, presence in certain places, or use of social media.
  • Restrictions on working in sectors such as childcare, healthcare, education, government, etc.
  • Potential suspension or revocation of professional licences.
  • Risk of deportation or loss of permanent residency status under IRPA s. 36 for non-Canadian citizens.
  • A negative impact on custody and access proceedings in Alberta family court.
  • Inadmissibility to the U.S. without an I-192 waiver (not guaranteed).
  • Requirement to submit a DNA sample for the national criminal database under s. 487.051

Your Strategic Criminal Defence lawyer will aim to prevent these consequences if you’re being investigated for sexual assault or voyeurism. If you’ve been charged with either, we may first have to negotiate your release from custody.

What happens after an arrest for sexual assault?

Investigations into sexual assault or voyeurism in Edmonton are usually run by:

  • The EPS Sexual Assault Section (part of the Serious Crimes Branch).
  • The EPS Child at Risk Unit, if the alleged victim is a minor.
  • RCMP detachment investigators, where the alleged offence falls outside EPS jurisdiction.

In more serious cases, investigations may also involve coordination with the Alberta Law Enforcement Response Teams (ALERT).

After your arrest, and depending on how serious the charge is, you will either be:

  • Released (after photographing and fingerprinting) on an Appearance Notice.
  • Released on an Undertaking, which includes additional conditions, or
  • Detained for a bail hearing.

Where will you be held for your bail hearing?

You will be held at one of the following locations:

  • The arrest processing unit at the local police station where you were arrested.
  • The Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7.
  • The Edmonton Remand Centre, at 18415 127 Street NW, Edmonton.

A Strategic Criminal Defence lawyer will visit you wherever you are held or speak with you by video to discuss the details of your case and what will happen at your bail hearing.

What will your bail conditions be?

At your hearing, we will advocate for your release under the least restrictive conditions possible. You will, however, be required to follow some strict rules until your case is resolved:

  • No contact with the complainant or witnesses (directly or indirectly).
  • Keep away from the complainant’s home, workplace, or school.
  • Live at a court-approved address and notify the court of any change.
  • Report regularly to a bail supervisor or the Edmonton Police Service.

A surety will be required to ensure compliance. Depending on the nature of the offence, stricter conditions may include:

  • No contact with persons under 16.
  • Possible surrender of your passport.
  • No possession of weapons.
  • Internet and device restrictions.
  • No alcohol or non-prescribed drugs.
  • Wear an electronic monitoring device (GPS tracking).

Bail conditions must be followed at all times or you risk re-arrest and detention until your case is resolved, plus a new criminal charge for breaching conditions.

How are sex crime cases resolved?

Sexual assault cases go to trial more often than most other criminal offences in Edmonton, but the majority are still resolved without a full criminal trial.

If the Crown’s evidence is weak, the search or seizure was unlawful, or prosecution is not in the public interest, we may be able to seek charge withdrawal.

For very minor offences committed by first offenders, we often negotiate with the Crown about a pre-trial resolution that prevents a criminal record:

  • A peace bond (Section 810) results in no criminal charge or record in return for following specific conditions for up to 12 months or longer.
  • A conditional discharge prevents a criminal conviction and may reduce the likelihood of SOIRA registration, though this is not automatic (s. 730 of the Criminal Code).
  • Alternative Measures Program (AMP) may involve counselling and/or community service in exchange for no criminal record (rare in sexual assault cases).
  • Pleading to a lesser, non-sexual offence where the Crown drops the charge in exchange for a guilty plea to a lesser summary offence.
  • A curtailed sentence submission if both sides agree to suggest a lighter sentence to the judge, such as a conditional sentence order (house arrest).

How will we defend your sexual assault or voyeurism charge?

We will start building your defence once we have a full understanding of the evidence against you. We obtain that after the first court appearance. The Crown’s disclosure package usually includes:

  • Police reports and officer notes.
  • Complainant and witness statements.
  • Medical and forensic evidence.
  • Electronic communications.
  • Surveillance footage and any prior 911 or police contact records.
  • Seized device contents, forensic digital analysis, metadata, search warrant materials, and any cloud storage or platform records (for voyeurism).

We will scrutinize the evidence for weaknesses in the Crown’s case, and attempt to show that no conviction is warranted using one of the following defences:

DEFENCE HOW IT WORKS APPLIES TO
Consent The complainant consented through clear words or actions, and consent was active and ongoing (invalid if obtained by force, threats, fraud, or the exercise of authority). Sexual Assault
Honest but Mistaken Belief in Consent A genuine and reasonable belief that consent was given and active steps taken to ascertain it. A belief based on wilful blindness or recklessness will not succeed. Sexual Assault
Identity The Crown cannot prove the accused is the person who committed the offence (alibi evidence, eyewitness identification issues, or contested forensic evidence). Both
No Sexual Activity Occurred Any contact was non-sexual in nature: incidental, accidental, or in a context such as a medical examination. Sexual Assault
Charter Breach Evidence obtained through an unlawful search or denial of the right to counsel may be excluded under s. 24(2), potentially undermining the Crown's case entirely. Both
Credibility of the Complainant Specific inconsistencies, contradictory evidence, or motive to fabricate can challenge the reliability of the complainant's account. Both
No Reasonable Expectation of Privacy Voyeurism requires that the observation or recording occurred in circumstances where the complainant had a reasonable expectation of privacy. Voyeurism
No Surreptitious Conduct The observation or recording was not secretive. e.g., done openly and with the knowledge of the person observed. Voyeurism
Absence of Sexual Purpose Where the allegation involves observation or recording of a person who is not nude or engaged in sexual activity, the Crown must prove the act was done for a sexual purpose. Voyeurism
Unlawful Search and Seizure of Device Where police seized a phone or recording device without a valid warrant, the evidence obtained may be excluded under s. 24(2) of the Charter. Voyeurism

FAQs

Usually, yes, unless bail conditions restrict your movements or contact with certain people. However, some employers, particularly in healthcare, education, or childcare, may suspend you pending the outcome, especially if the complainant is a colleague or client.

Not automatically. Criminal proceedings are generally open to the public, but publication bans protecting the complainant’s identity are routine in sexual offence cases. Your employer, family, and community will not be formally notified, though charges can become known through other means.

Yes, in some circumstances. Charges may be withdrawn if the Crown’s evidence is weak, a Charter violation occurred, or prosecution is not in the public interest. A reduction to a lesser charge is possible through negotiation, depending on the facts.

Possibly. SOIRA registration is not automatic for voyeurism but the Crown can apply for an order. Registration periods typically range from 10 years to life, depending on the sentence imposed and whether prior sex offences exist on your record.

Get help with sexual assault or voyeurism charges in Edmonton

If you’ve been charged with sexual assault or voyeurism in Edmonton, a lawyer from Strategic Criminal Defence will provide guidance, support, and a strong defence strategy.

We’ve practised in the local Edmonton courts for over a decade and understand how the justice system here approaches these types of cases. This experience will be a valuable asset to your defence.

Contact us for a free, no-obligation consultation.

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: August 11, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410