A sexual assault charge is one of the most serious situations a person can go through. Our skilled and discreet defence lawyers can help protect your name and your future.

Dylan Finlay and his team offer:

  • Experience in over 1,000 criminal cases.
  • 25 years of combined criminal defence service.
  • Over 120 five-star Google reviews.
  • 24/7 availability.

If you’re wondering what could happen next, speak to us as early as possible, as we may need to act quickly.

What should you do right now if you’re accused of sexual assault?

Take these four steps first before doing anything else:

  1. Do not contact the complainant. Don’t try to explain your side, as this can be used against you later.
  2. Say nothing to the police. Once you’ve identified yourself, remain silent.
  3. Ask for a lawyer right away. This is your right under the Canadian Charter.
  4. Preserve any messages, photos, or records connected to the incident. Timing and context often matter a great deal.

Contact us for a free, no-obligation consultation.

What is sexual assault in Canada?

Sexual assault means touching someone in a sexual way without their consent. Canadian law splits it into three levels. Each one depends on what happened.

LEVEL WHAT IT MEANS MAXIMUM PENALTY

Sexual assault

s.271		 Non-consensual touching of a sexual nature. 10 years (indictable), or 18 months (summary conviction)

Sexual assault with a weapon, threats, or bodily harm

s.272		 Sexual assault involving a weapon, a threat to a third party, injury, or more than one person. 14 years (indictable only)

Aggravated sexual assault

s.273		 Sexual assault that wounds, maims, disfigures, or endangers someone's life. Life imprisonment (indictable only)

A mandatory minimum sentence applies where the complainant is under 16. Other mandatory minimums apply if the offence involves a firearm.

With such harsh penalties, seeking legal advice as early as possible is advisable, even before you’re charged. Pre-charge legal advice from a sexual assault lawyer can prevent you from saying anything that could harm your case.

What could happen to you if you’re convicted?

There is no non-serious sexual assault offence. A conviction can bring:

  • Years in prison (up to life in prison for aggravated sexual assault).
  • Mandatory registration on the National Sex Offender Registry (under Christopher’s Law)
  • A DNA order.

[NOTE: Rulings under Christopher’s Law are changing. A court found in Jan 2026 that some parts of Ontario’s registry law go too far and breach the Charter. The law may still apply for now, but this is an unsettled area worth discussing with a lawyer.]

A conviction also has other long-term effects. It can affect your job, hurt your immigration status and your ability to travel, and even impact your education and housing.

How can a Strategic Criminal Defence lawyer help you?

Most sexual assault cases start with a report to Toronto police. Sometimes this happens long after the alleged incident. These cases are delicate, and your conduct during an investigation and after the police lay charges will be on the record. Having a seasoned lawyer by your side can ease the stress of the situation.

If the police have already charged you, we will work to secure your release from detention if you’re held:

  • The Toronto South Detention Centre (for men), or
  • The Vanier Centre for Women in Milton.

What happens at your bail hearing?

We can represent you at your bail hearing. This will be at the Toronto Regional Bail Centre on Finch Avenue West. We will argue for the least restrictive bail conditions possible for your case. However, you will likely need to follow some conditions until your case resolves, including:

  • Regular reporting to a bail supervisor.
  • No contact with the alleged victim or their family.
  • Travel restrictions.
  • Restrictions on the use of drugs and alcohol.

Bail may not be granted if the court believes the risk of flight or threat to the public is too high. That can make building your defence more challenging, but it doesn’t prevent us from doing the work necessary.

We can examine the Crown’s evidence. This includes gaps or inconsistencies in the story and how the police obtained evidence. These cases depend heavily on detail and preparation. We build your defence around exactly what happened in your case.

Which court will hear your case?

Most sexual assault cases start at the Ontario Court of Justice on Armoury Street. More serious charges may be indictable offences. This gives you the option of a trial by judge and jury. That trial would be at the Superior Court of Justice on University Avenue.

Will you have a criminal record?

You will have a criminal record if you’re convicted of sexual assault. However, our lawyers will work to prevent a conviction through:

  • Challenging the Crown’s evidence. If it’s weak or your Charter rights were breached, the Crown Prosecutor may withdraw your case.
  • Fighting for a full acquittal at trial.
  • In rare cases, arguing for a discharge, which avoids a formal conviction even after a finding of guilt.

Unlike some other charges, sexual offences do not qualify for diversion programs or peace bonds under Ontario’s Crown policy. This is why building the strongest defence matters from the very start.

What defences can we use against sexual assault charges?

Sexual assault charges often come down to consent and credibility. Common defences include:

  • Honest but mistaken belief in consent. This only works if you took concrete steps to determine whether the other person was consenting. Assuming consent is not enough.
  • Challenging credibility. Many of these cases rest on one person’s word against another. Small inconsistencies in the story can matter a great deal.
  • A Charter breach. Evidence gathered or a statement taken improperly can lead to a reduced or dismissed charge.
  • Identity. Sometimes, whether you were actually involved is genuinely in dispute.

In some cases, we will need expert witness testimony to support your defence, a step we won’t hesitate to take if necessary.

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“Care, attention, knowledge, expertise and professionalism”

“I hired Justin because he displayed a tremendous amount of care, attention, knowledge, expertise and professionalism. This man delivered on his promise! The case was resolved in a big WIN for us. and charges were withdrawn. I can confidently say the impact of this resolution has brought me peace, a sigh of relief.”

C.H.

“Outstanding legal representation”

“I would like to give a review for the outstanding legal representation from Mr. Dylan Finlay. He is an exceptional, dedicated and a very honest lawyer. I am glad with the outcome of my case, and I truly cannot thank you enough.”

N.

“Achieved a phenomenal resolution”

“Dylan Finlay was really good to me. Took the time to explain things in words/terms I understood and I never felt like he was baiting me with hope during our initial consult. He didn’t disappear after collecting his retainer fee + achieved a phenomenal resolution.”

J.W.

FAQs about sexual assault charges

No. The law requires you to take concrete steps to determine whether the other person was consenting. Just believing consent existed, without checking, is not enough on its own.

There is no time limit on sexual assault charges in Canada. You can be charged many years after an alleged incident. Older cases are not automatically weaker.

Yes. Canadian law does not need any other evidence to convict you. The judge cannot even tell the jury that they need more than the complainant’s word. That said, weak or inconsistent testimony can still be challenged and can weaken the Crown’s case.

A court will almost always place a publication ban. This protects the complainant’s name. If you represent yourself, you generally cannot question the complainant directly in court.

Contact us for a free, no-obligation consultation.