If you’ve been investigated, accused, arrested, or charged in relation to sexual assault under Section 271 of the Criminal Code, you need a criminal defence lawyer as soon as possible to:

  • Protect your Charter rights.
  • Examine the evidence.
  • Prepare a tailored defence strategy.

Serious criminal, reputational, and other long-term consequences can result, including:

  • A lengthy prison sentence.
  • The impact of a criminal record on your future.
  • Registration on the national sex offender registry (SOIRA).

Over the past two decades, our team has received recognition from:

  • Three Best Rated® (8 consecutive years).
  • Consumer Choice Awards (2025, 2026).
  • Over 700 5-star Google reviews.

Having defended over 10,000 cases, we can help you navigate the complex court processes and mitigate the consequences if you’re accused of non-consensual sexual contact, sexual interference, or another sex crime.

What to do next if you’ve been accused of sexual assault:

  1. Stop all communication: Do not text, DM, or call the complainant or their family.
  2. Lock social media: Do not delete profiles, but set them to private to prevent ‘context mining’ by the Crown.
  3. Document what happened: Write down what happened and preserve any evidence that might help your case, such as text messages, emails, or social media interactions, to share with your lawyer.
  4. Request a lawyer: We will immediately try to secure your release and file a formal request for the Crown disclosure outlining the evidence against you.

Contact us for a free, no-obligation consultation.

What is sexual assault, and how will a conviction impact you?

Sexual assault occurs when someone sexually touches another person without their consent, including unwanted sexual touching, kissing, penetration, or other sexual acts done without permission.

Other related offences include:

Other offences can be charged based on the age of the alleged victim, specifically whether they were under 16 or not.

Sexual assault is a hybrid offence, which can be treated either as a summary offence (less serious) or an indictable offence (more serious).

The following table outlines the main sentences for sexual assault and related crimes:

OFFENCE SUMMARY CONVICTION MAXIMUM INDICTABLE MAXIMUM MANDATORY MINIMUM KEY NOTES
Sexual Assault

18 months imprisonment, or a maximum of two years less a day if the complainant is under 16.

A fine of up to $5,000.

 10 years imprisonment (no limit on fine). None. Covers non-consensual sexual touching. Crown election drives sentencing range significantly.
Sexual Assault — Complainant Under 16

2 years less a day imprisonment.

(A minimum of 6 months or a fine of $5,000).

 14 years imprisonment (no limit on fine). 1 year (indictable). * Mandatory minimum penalties apply where the complainant is under 16.
Sexual Assault with a Weapon, Threats, or Causing Bodily Harm N/A (indictable only). 14 years imprisonment. 5 years (firearm); 4 years (restricted/prohibited firearm). * Escalated offence. Covers use/threat of weapon and third-party bodily harm.
Sexual Assault with a Weapon — Complainant Under 16 N/A (indictable only). Life imprisonment. 5 years. * Life maximum applies where the complainant is under 16.
Aggravated Sexual Assault N/A (indictable only). Life imprisonment. 5 years (firearm); 4 years (restricted or prohibited firearm). * Wounds, maims, disfigures, or endangers the life of the complainant. Most serious sexual assault offence.
Aggravated Sexual Assault — Complainant Under 16 N/A (indictable only). Life imprisonment. 5 years. * Mandatory minimums apply regardless of weapon involvement.
Sexual Interference 2 years less a day imprisonment, plus a fine of up to $5,000. 14 years imprisonment. 1 year (indictable); 90 days (summary). * Direct sexual touching of a person under 16 for a sexual purpose.

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

Aggravated versions of sexual assault are straight indictable offences with a maximum penalty of life imprisonment.

Other consequences of a sexual assault conviction

The criminal sentence is just the start of the consequences after a conviction for sexual assault. You can also expect:

  • A permanent criminal record unless a discharge is granted (which is rare for sexual offences).
  • Mandatory sex offender registration (SOIRA): You will be placed on the national sex offender registry for 10 years, 20 years, or life, depending on the offence and sentence length.
  • Possible restrictions on contact with persons under 16: Depending on the sexual assault offence, you may be subject to a Section 161 prohibition order.
  • Employment consequences: Many industries, particularly those involving children, healthcare, and education, conduct criminal record checks, and a sexual offence conviction is typically disqualifying.
  • Professional licence suspension or revocation: self-reporting obligations may be triggered upon charge, not just conviction, depending on your profession.
  • Immigration consequences: Non-citizens risk deportation or loss of permanent residency status under IRPA s. 36 for some sexual assault offences.
  • Family law impact: A conviction can be used as evidence in custody and access proceedings in Alberta family court.
  • US travel inadmissibility: You may require an I-192 waiver, which is not guaranteed.

Will you be released after being charged with sexual assault?

Our team can provide pre-charge legal advice to help you avoid self-incrimination during police questioning and protect you from the earliest stages of a sexual assault investigation.

However, we are often called after a charge has already been filed. Our first responsibility will be to aid your release.

If you are being held at Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2) or the Calgary Remand Centre next door, we will visit you there or talk to you by video and prepare for the bail hearing.

Your bail hearing will usually be held by video within 24 hours at the Calgary Courts Centre. We will represent you and push for the least restrictive bail conditions possible.

Unless you are accused of a particularly serious crime, you will likely be released with some strict conditions to follow, notably:

  • No contact with the complainant or any known witnesses, directly or indirectly, including through third parties or social media.
  • No attendance at specified locations, such as the complainant’s home, workplace, or school.
  • Residency requirement: You must live at a court-approved address and notify the court of any change.
  • No contact with persons under 16 if the alleged offence involved a minor.
  • Possible surrender of your passport and a prohibition on international travel.
  • No possession of weapons for the duration of the bail period.
  • Internet and device restrictions in cases involving allegations of online communication, image sharing, or a complainant under 16.
  • Abstain from alcohol and non-prescribed drugs, particularly where these are alleged to be a factor in the offence.
  • Report regularly to a bail supervisor or the Calgary Police Service.
  • Surety requirement: A responsible adult may be required to supervise your compliance and pledge a financial sum to the court.

Bail conditions are imposed with public safety in mind. Breaching any condition can result in an additional criminal offence under Section 145 of the Criminal Code. Your bail may also be revoked, so it’s important to follow your lawyer’s instructions.

How will we defend your sexual assault charge in court?

During the initial sexual assault or sexual interference investigation, officers from the Calgary Police Service will likely:

  • Conduct detailed interviews with the victim.
  • Gather specific information about the incident, including the location, time, and description of the attacker.
  • Collect any available evidence such as clothing, bedding, or electronic communications.
  • Take photographs or video of the crime scene.
  • Collect additional forensic evidence, such as fingerprints or security camera footage.
  • Speak to any witnesses who saw you and the complainant together.

If you are identified, investigators may question you and obtain search warrants for your property or electronic devices.

Under proposed new legislation (The Lawful Access Act, Bill C-22), law enforcement may soon have accelerated access to digital communications in sexual offence investigations that involve children.

Prompt legal intervention may be even more important to ensure that digital evidence is not seized or misinterpreted without proper judicial oversight.

The Crown’s evidence is compiled in the disclosure package. This is usually obtained by your Strategic Criminal Defence lawyer after the first appearance, and we will immediately:

  • Scrutinize the package to try to identify weaknesses or gaps in the Crown Prosecution’s evidence.
  • Examine whether any Charter breaches occurred during the investigation, arrest, or charge process.
  • Obtain additional evidence from your communications and devices.

We may also introduce expert witnesses, such as medical professionals or forensic specialists, to support your case, building your defence on the strongest available arguments.

The Crown must prove beyond a reasonable doubt that you are guilty of the assault. Typically, we will use the following types of arguments in your defence:

DEFENCE HOW IT WORKS
Consent The complainant consented through clear words or actions, and consent was active and ongoing. Consent is invalid if the complainant was intoxicated, unconscious, or under the age of consent.
Honest but Mistaken Belief in Consent The accused genuinely and reasonably believed consent was given and took active steps to ascertain it. A belief based on wilful blindness or recklessness will not succeed.
Identity The Crown cannot prove the accused is the person who committed the offence, challenged through alibi evidence, eyewitness identification issues, or contested forensic evidence.
No Sexual Activity Occurred Any contact was non-sexual in nature: incidental, accidental, or in a context such as a medical examination.
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.
Credibility of the Complainant Specific inconsistencies, contradictory evidence, or motive to fabricate are used to challenge the reliability of the complainant's account.

Can we prevent a trial by resolving sexual assault charges beforehand?

Throughout the court process, our team handles all communications with the police and prosecutors, ensuring your rights are protected.

If your case can be resolved before trial, we may discuss plea agreements or other alternative resolutions with the Prosecution, such as:

  • Withdrawal of charges, where the Crown’s evidence is insufficient or a significant Charter breach has been identified.
  • Reduction to a lesser charge, such as common assault under s. 265, where the evidence supporting the sexual nature of the offence is weak or contested.
  • A stay of proceedings, where continued prosecution would be contrary to the public interest or where the accused’s Charter rights have been seriously violated.
  • A peace bond (s. 810 Criminal Code) in limited circumstances, where the Crown agrees to withdraw charges in exchange for the accused entering into a recognizance to keep the peace.

Diversion programs such as the Alternative Measures Program are generally not available for sexual offence charges in Alberta.  Conditional discharges are also rarely granted for sexual assault, although they are certainly not unheard of in Calgary.

Your lawyer can discuss potential resolutions that are realistically available in your specific case.

Successful sexual assault cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 00040246

Our client was charged with a historical sexual assault against a family member that was alleged to have occurred nearly 10 years prior. Our client adamantly denied the allegations. When he retained us, he was attending university and was terrified of the potential consequences.

Joseph Beller brought the matter to trial and provided a vigorous defence over multiple days. As a result of his strong cross-examination of the complainant, the Crown conceded their case could not be met and invited the Court to enter an acquittal without our client needing to take the stand.

Successful Result: Acquitted at trial, No Criminal Record

Case Number: 77710234

Our client was charged with sexually assaulting his stepdaughter and inciting her to perform oral sex on him. The complainant (our client’s stepdaughter) reported our client to the police approximately eight years after the alleged events occurred.

Upon being retained, we identified numerous inconsistencies and issues with the reliability of the complainant’s initial statement to the police. We conducted a preliminary inquiry, where we further explored these inconsistencies and points of unreliability. At trial, we used the complainant’s previous statement to the police and her testimony at the preliminary inquiry to expose these inconsistencies. Our client testified and denied the allegations entirely. At the conclusion of the trial, the trial judge found that our client was believable and, in any event, the complainant’s version of events was not credible or reliable. As a result, our client was acquitted on both charges.

Successful Result: Acquitted at Trial; No Criminal Record

Case Number: 55632364

Our client was charged with sexual assault in relation to an incident that occurred in BC. The RCMP were called by the complainant, who alleged our client had sexually assaulted her in a small cabin located in a remote area. Because our client lived in Alberta and the RCMP were unable to contact him, a warrant in the first instance was applied for in BC and extended to Alberta. Three years later, police arrested our client on the outstanding warrant, which our client knew nothing about. We immediately got to work to ensure our client would be released on the least onerous bail conditions possible. While the Crown sought a 6-day hold in order to transfer our client back to BC, we were able to successfully work with the Crown to ensure our client was released within 24 hours and remained in Alberta.

Once our client was released, we requested disclosure and began building our client’s defence. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statements to police and the text messages she had sent before and after the alleged sexual assault. The complainant initially told police she had never had a sexual relationship with our client. But the text messages confirmed that she had a lengthy ongoing consensual sexual relationship with him. This lie to the police cast doubt over everything else she said. Our client pleaded not guilty, and we set the matter for trial. Prior to the trial, we alerted the Crown Prosecutor to the text message records. Due to the delay in bringing the case to trial and the problems with the complainant’s credibility, the Crown Prosecutor decided not to proceed with the case. As a result, the charges against our client were stayed before trial.

Successful Result: Charges Stayed; No Criminal Record.

Case Number: 55592585

While our client was in high school, he exchanged nude photos with a female classmate. The two decided to meet in a washroom in between classes, where they engaged in physical acts. The complainant claimed to the police that she did not want to go through with it, but he persisted. Our client was subsequently charged with sexual assault.

Upon being retained, we worked through the allegations with our client and analyzed the disclosure to assess the evidence against him. The complainant stated that she never actually vocalized her lack of consent. We raised a defence that, based on this statement, our client had an honest but mistaken belief in the presence of consent. As a result, the Crown Prosecutor withdrew the charge against our client.

Successful Result: Charge Withdrawn

Case Number: 311023

Our client was arrested and charged with sexual assault of a minor and sexual interference of a child under 16. Our client was charged after his stepson told his mother and the police about an incident that had recently occurred between him and his stepdad. The complainant alleged that our client had the child touch him sexually, and it was further alleged that there was at least one instance where our client had sexual intercourse with his stepson. Our client maintained his innocence in the face of these allegations, so we set the matter to be tried before a jury.

While preparing for the trial, we did a thorough review of the complainant’s statement and found areas of potential inconsistency. We meticulously reviewed our client’s disclosure and found a number of inconsistencies in the complainant’s statement. We also issued multiple disclosure requests that allowed us to discover new evidence that was not even known to the Crown. Prior to our client’s trial, we also conducted a successful, full-day hearing where we vigorously argued for access to the complainant’s medical records. The medical records that we obtained as a result of this hearing contained a medical assessment that was performed on the complainant after the allegation of sexual assault. These records showed that, contrary to the complainant’s claims, there was absolutely no physical or medical evidence to support the allegation that our client had sexually assaulted his stepson. As a result of our efforts, the Crown ceased its prosecution, and our client walked away from the charges with no criminal record.

Successful Result: Charges Stayed, No Criminal Record

Case Number: 55632355

Our client was charged with sexually assaulting his stepdaughter on numerous occasions. The allegations came to light after the stepdaughter disclosed the incidents to her biological dad, who called the police. This occurred many months after the alleged incidents, by which time the stepdaughter also had many conversations with her mom and sister (which may have tainted her evidence)

We were retained very early in the process and successfully negotiated favourable release conditions for our client. The case proved to be very difficult to resolve because the prosecutor felt they had a very strong case. At trial, we successfully blocked the prosecutor’s ability to introduce much of the evidence he intended to rely on. Moreover, additional material came to light at trial that should have been made available to the defence earlier. By the second day of trial, we convinced the prosecutor that their case was unsalvageable. As a result, the prosecutor withdrew the charges and resolved them with a Peace Bond.

Successful Result: Charges Withdrawn; Resolved with a Peace Bond; No Criminal Record

Case Number: 1514389

Our client was staying over at a family friend’s home when his friend’s six-year-old daughter came to sit with him on the couch. She later told her mother that our client moved her hand to his genital area. The mother called the police, and after investigating, our client was charged with sexual assault, sexual interference, and sexual invitation. If convicted, he faced a likely prison sentence and would be added to the sex offender registry.

Upon being retained, we ordered disclosure and reviewed video footage of interviews with our client, the complainant, and others involved in the investigation. The reliability of the complainant was a concern, and our client denied the alleged conduct. There were no allegations of any other behavior, and our client had a clean record. At the preliminary inquiry, we spoke with the Crown Prosecutor, and she agreed to withdraw the charges in return for our client entering a Peace Bond.

Successful Result: Charges Withdrawn; Resolved with a Peace Bond; No Criminal Record

Case Number: 55622822

Our client was arrested following an incident that occurred at a gentleman’s club. While at the club, our client was alleged to have touched a dancer’s vagina without her consent. Staff at the club called the police and had our client removed from the establishment. Police attended on scene and obtained a full statement from the female dancer alleging our client made “gross” comments to her, touched her buttocks, and touched her vagina. Following the dancer’s statement to police, our client was arrested and charged with sexual assault.

Upon being retained, we requested disclosure and began building our client’s defence. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statements to police and those of an independent witness we interviewed who was present at the club with our client. Our client agreed that he touched the dancer, but was adamant that he never touched or penetrated her vagina. With all the relevant information at hand, we developed a strategic plan that included entering our client into specialized treatment and counselling. After fulsome resolution discussions with the Crown on this case, we were able to convince the prosecutor to allow our client to plead to the lesser and included offence of common assault. The prosecutor also agreed to join us in an application for a conditional discharge, so that our client would not receive a permanent criminal conviction and could avoid being registered as a convicted sexual offender. As a result of our extensive negotiations with the Crown, our client received a two-year conditional discharge with minimal conditions.

Successful Result: Plea to Lesser Offence; Conditional Discharge; No Criminal Conviction; No SOIRA.

Case Number: 25190290

Our client was charged with sexual assault after a pub employee complained that he had inappropriately touched her. The police were called and immediately arrested our client at the pub.

Upon being retained, we ordered and reviewed the disclosure and prepared our defence. We began negotiations with the Crown Prosecutor, who originally sought a full prison sentence for our client if convicted. Despite this, we were able to successfully negotiate an early resolution of probation with community service, and as a result, our client did not spend time in jail for the offence.

Successful Result: Suspended Sentence (Probation); No jail time

Testimonials

Dedicated sexual offence lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide sexual assault defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

Not necessarily. After being charged, you will have a bail hearing where a judge decides if you can be released while awaiting trial. Your release often depends on factors like your criminal history, community ties, and the specific circumstances of the alleged offence. If granted bail, you will need to follow strict conditions, which might include curfews, no-contact orders, and regular check-ins with police. Having a strong bail plan and a reliable surety (someone who supervises you) increases your chances of release. 

This depends on several factors, including your bail conditions and type of employment. Some employers conduct regular background checks and may suspend or terminate employment upon learning of charges. If your job requires travel, this might be restricted by bail conditions. Our team can help request bail conditions that allow you to continue working while ensuring public safety.

While court proceedings are generally public, there are ways to manage privacy. Media typically only report on high-profile cases or those involving public figures. However, be aware that court documents are public records. In some cases, publication bans may protect certain details, especially if minors are involved. Our team can advise on managing privacy concerns while complying with legal requirements.

If you’re charged with sexual assault, a lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the sexual assault charge.
  • Gather key evidence, such as police reports, medical records, video footage, witness statements, and expert witnesses, to support the defence argument.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Based in Calgary, Strategic Criminal Defence lawyers have practised in the local courts for over two decades and understand how the justice system operates here, including the procedures, timelines, and approach of the Calgary Courts Centre.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 3, 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