Facing Sexual Assault Charges? Get Experienced Legal Defence Now

Sexual assault charges are among the most serious and life-altering criminal allegations. A conviction means a criminal record, years or decades in prison, SOIRA registration as a sex offender, publication bans, and permanent damage to your reputation and relationships.

But sexual assault allegations involve complex questions about consent, memory, credibility, and evidence. Many allegations contain inconsistencies. Many complainants’ memories change over time or under suggestive questioning. And some allegations are entirely false—made out of anger, revenge, or misunderstanding.

Jason Malloy understands the sensitive nature of sexual assault cases. He has successfully defended many clients facing these allegations. If you’ve been accused, you need experienced legal representation immediately. What you discuss is confidential and protected.

Understanding Sexual Offences

Simple Sexual Assault: Non-consensual sexual touching without causing bodily harm or using a weapon. Penalties: summary conviction (18 months jail) or indictment (10 years jail).

Sexual Assault with a Weapon or Causing Bodily Harm: Sexual assault where the attacker uses or threatens a weapon, or causes bodily harm. Penalties: indictment only (14 years jail).

Aggravated Sexual Assault: Sexual assault that wounds, maims, disfigures, or endangers the life of the victim. Penalties: indictment only (14 years jail).

Sexual Interference: Sexual touching of a child under 16. Penalties: indictment (14 years jail). Mandatory minimum 45 days jail if the victim is under 13.

Sexual Exploitation: Sexual activity with a young person (14-17) by someone in a position of authority or trust. Penalties: up to 14 years jail.

Consequences Beyond Incarceration

SOIRA Registration: If convicted, you must register as a sex offender with police—often for life. You must report periodically, notify police of residence changes, and inform police of travel plans.

Additional consequences include a permanent criminal record, inability to work in jobs involving children or vulnerable people, housing restrictions, relationship and custody impacts, and travel limitations.

The Consent Issue

Modern Canadian law defines consent clearly: voluntary agreement communicated by words or conduct. Silence or lack of resistance is not consent. Consent can be withdrawn at any time. Consent is not valid under threat, if the person is incapacitated (drunk, drugged, asleep), or if the person is too young. Previous sexual activity between the people is not relevant to consent on a particular occasion.

Possible Defences to Sexual Assault Charges

Consent: If the complainant consented to the sexual activity, it’s not sexual assault. We explore the complainant’s actions, words, and context to identify reasonable doubt about lack of consent.

Mistaken Belief in Consent: If you honestly and reasonably believed the complainant consented, this may be a defence. The belief must be reasonable given what happened and what you did to confirm consent.

Mistaken Identity: Sometimes the complainant misidentifies their attacker. If there’s reasonable doubt about whether you were the person involved, we argue mistaken identity.

Credibility Issues: If the complainant’s account is internally inconsistent, contradicted by physical evidence, or contradicted by other witnesses, we challenge their credibility.

False Allegation: In some cases, the complainant fabricates the allegation out of anger, revenge, jealousy, or misunderstanding. If we can identify motive and evidence of fabrication, we argue the allegation is false.

Charter Rights Violations: If police violated your rights during investigation, evidence can be excluded.

Memory Issues: Memories change over time and can be influenced by suggestive questioning. If the Crown’s evidence comes from a complainant whose account changed repeatedly, we raise this.

Why You Need a Criminal Defence Lawyer

You’re presumed innocent. The Crown must prove guilt beyond a reasonable doubt. You have the right to a fair trial. Many sexual assault allegations are defended successfully. Pleading guilty means jail time, SOIRA registration, and permanent sex offender status.

An experienced criminal defence lawyer will investigate the Crown’s case thoroughly, identify inconsistencies in the complainant’s account, challenge witness credibility, hire experts if needed, protect your rights at every stage, and explore every possible avenue of defence.

Get Help Immediately and Confidentially

Sexual assault charges demand immediate legal action. Evidence can be preserved, your rights can be protected, and defences can be identified—but only if you act quickly.

Call Jason Malloy at 204-784-3047 for your free consultation. Everything you discuss is confidential and protected by solicitor-client privilege. He’s available 24/7.