Sexual Assault Lawyers London Ontario

Need help with a sexual assault charge – now?

A mere accusation of sexual assault can be devastating. We know this and we can help.  We are experts in sexual assault law.  It is what we do, and we do it very well. Call, text, email, or chat. We answer 24/7 for emergencies.

A mere accusation of sexual assault can be devastating to your reputation.

Our team of uniquely qualified sexual assault lawyers knows this and is very experienced in defending this charge. We take a strategic and thorough approach to defending you and pursuing the best result possible for your defence.

If you are charged with sexual assault, it is imperative that you are well represented by effective and knowledgeable legal counsel.

For more information, contact us.

Call us. We will answer.

Contact us. We will answer.

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Always accessible

There is no point in talking to voicemail when you need us urgently. We always pick up. When we don’t, you can text us or email us, and we will try to get back to you within six hours at the latest.

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Cooperative

You are heard and not ignored. We cannot obtain the result that is best for your specific situation unless we listen to you. It is a cooperative effort.

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Transparent and honest

Harsh truths are better than comfortable lies. We are honest and candid with you about your chances of success with each action, but you make the call.

“Professional honest person and very smart and intelligent Lawyer.

“I had 8 charges I could be in jail for long time but he succeeded to drop 6 charges and got lowest sentence with no jail.thanks Mr.Afolabi. I highly recommend for any criminal court ! –

A. K. | More Google Reviews

Professional Sexual Assault Lawyers

A sexual assault is an assault that is sexual in nature that is committed in a way that the sexual integrity of the victim is violated.

In its simplest and most basic form, sexual assault is any unwanted touching of a sexual nature that violates another person’s sexual integrity.

Canadian law also states that a person does not need to receive any sexual pleasure from the act, or even commit the act for a sexual purpose in order for him or her to be guilty of sexual assault when a complainant’s sexual integrity is violated.

Contact our sexual assault lawyers for help with your specific situation.

Sexual Assault Defence

Two common defences to a sexual assault allegation are ‘consent’, and ‘honest but mistaken belief in consent.’

In cases of sexual assault, the law states that a court decides what is consensual exclusively from the perspective of a victim. This means if a victim testifies that an act was not consensual and the court believes their evidence, the court will find that the act was not consensual.

However, the accused person still has the defence of mistaken belief in consent available in a case like this, where a person is not reckless or “willfully blind” to a person’s lack of consent, s/he may be found not guilty of sexual assault.

Our sexual assault lawyers focus on representing people accused of sexual assaults in London, Ontario.

Talk to us today about the best results for your situation.

sexual assault lawyers london ontario

Accused of Sexual Assault in Canada? What to do.

Being accused of sexual assault is serious business. If you have been accused of sexual assault, regardless of the circumstances, there are some crucial things you should know. Below is information on what you should do and what you should not do if you are accused of sexual assault.

What is the first thing I should do when I am accused of sexual assault?

The first thing you should do when you are charged with sexual assault is to keep your mouth shut! The police will likely encourage you to tell your side of the story and you may feel the need to defend yourself, but do not fall into their trap! The only information that you may have to provide to the police is your name and identification. Aside from that, you have a right to silence and you should use it.

You might be thinking “well I’m innocent, so I have nothing to hide.” It may be the case that you have been wrongfully accused and that these are false allegations of sexual assault, however, everything you say can be used against you. When you are charged with sexual assault, you are in jeopardy. You do not know how the information you provide the police with will be used against you. The best thing that you can do for yourself is not to talk to the police.  

sexual assault lawyers london ontario

What are my options after I am charged with sexual assault?

The next step after you have been charged with sexual assault is to hire a criminal defense lawyer from a law firm that you trust. Your selected lawyer will be able to request all of the evidence against you. Evidence includes police reports, witness statements and DNA and any other evidence that the Crown attorney has. Your lawyer will then analyze it and give you legal advice based on their years of experience.

Next, your lawyer will talk to you about your options and figure out the best defense for your case. They will likely analyze the evidence, sit down with you to review the evidence and discuss your options. You will then be in a better position to determine all of the pros and cons of proceeding to trial, negotiating a plea deal or any other options your lawyer thinks might be appropriate.

At the end of the day, you and your lawyer have to determine what is the best option for you, given your circumstances. While your lawyer should help you come to an informed decision about the way you to proceed with your case, the choice is ultimately yours to make.

What takes place during my first court appearances when you are charged with sexual assault?

After your first court appearance, and if you have retained a lawyer, your lawyer will appear in court on your behalf. This means that you do not need to attend court after your first appearance unless your lawyer instructs you to do so.

Typically, your case will be adjourned in three to four-week increments for your lawyer to collect all of the evidence from the Crown attorney, review that evidence and have discussions with the Crown attorney to try to resolve your case. Your lawyer might also try to get instructions from you on whether you would prefer to go to trial or take a plea bargain. This process can typically take several months depending on different factors.

This means your lawyer may appear for you in court many times before you decide to set a date for trial. These court appearances are essentially a way to keep the court up to date on what is going on with your case. Towards the end of this process, the court will want you and your lawyer to decide whether you will be setting a date for a guilty plea, a judicial pre-trial, a preliminary hearing (for indictable offences such as sex crimes or child sexual abuse), or a trial.

sexual assault lawyers london ontario

If I want to proceed with a sexual assault trial, what is the process from there?

If you have been falsely accused of sexual assault and are going to set a trial date, it will likely take anywhere from six to ten months. This may seem like a long time, but there are a few things that happen between the time you decide to go to trial and the time the trial takes place.

1. Judicial Pre-Trial

A  judicial pre-trial is simply a meeting between a judge, your lawyer and the Crown attorney. This must take place before a preliminary hearing or a trial date is set.

The judge in the meeting is independent and will not be the judge in your preliminary hearing or trial. The judge is there to offer advice to the lawyers on what issues will be important for trial, time estimates and their opinion on whether or not the offer that the Crown attorney has made for a guilty plea is reasonable given the circumstances.

2. Preliminary Hearing

A preliminary hearing is a hearing that your lawyer sets a date for to see whether there is enough evidence to go forward with a trial. It takes place after a judicial pre-trial and you have to present for it.

During the hearing, any individual that may have been involved in the events (such as the alleged victim) may come to court to give their evidence. Your lawyer will then have a chance to ask that witness questions and cross-examine them. This allows your lawyer to learn more and find inconsistencies in the witnesses’ stories or other information they can use in your trial. This is a very important step in helping you win your case.

After the hearing, and if the judge decides that there is enough evidence to go to trial, you can decide whether you want a trial with a judge and jury or a judge alone.

 3. Trial

Finally, after the preliminary hearing, your lawyer will set a date for trial. Your trial will likely be set to take place several months after the preliminary hearing. The court process can be very long but is also gives you and your lawyer time to be as ready as possible to defend your criminal charges. Your lawyer will have the time to undertake extensive research, go through the sexual abuse allegations and prepare to examine witnesses.

Sexual assault trials typically last from 3-6 days, depending on the amount of evidence and the number of witnesses. During your trial, the crown attorney will call witnesses and ask them questions. Your lawyer will also have an opportunity to cross-examine those same witnesses. 

During the trial, you have the option to testify. You and your lawyer must discuss whether or not they think it is a good idea for you to testify, given the circumstances. You have a right to silence and nothing negative can be inferred from you choosing not to testify. There are many different reasons why you may decide to testify or not. Ultimately, it is your decision whether or not you take the stand.

At the end of the trial both the crown attorney and your lawyer will make closing arguments. If you have decided to have a trial with a judge and jury, the jury decides the case. If you have decided to have a trial with a judge alone, then the judge decides the case.

My experience with Mr. Afolabi has been nothing short of life-saving.

“He supported me through a legal system which seemed to be working against me. From a short time in cells through disclosure to preliminary hearings – Mr. Afolabi handled my complicated and serious criminal charges professionally and timely.

He always explained the process and many times he represented me in court without my attendance required.

A. A.

“Great Lawyer, handled everything professionally.

“Was treated well, and informed of every decision needed to be made. Worked well to deliver best result possible in given circumstances. I am quite pleased with his work and recommend his services to anyone in a bind.

M. M.

What is the Definition of Sexual Assault?
A sexual assault is an assault that is sexual in nature that is committed in a way that the sexual integrity of the victim is violated. In its simplest and most basic form, sexual assault is an unwanted touching of a sexual nature that violates another person’s sexual integrity.
Penalty
The maximum penalty for a conviction of sexual assault is 10 years in jail.
What is the Legal Definition of Consent?
Consent is given when someone voluntarily agrees to sexual activity. In order for consent to be valid, the person giving it must:

  1. Be the person engaging in sexual activity. Another person cannot give consent on behalf of another person.
  2. The person must be able to consent. A person who is underage or unconscious cannot give consent.
  3.  It cannot be as a result of an abuse of trust, power, or authority.
  4. It cannot be as a result of threats or fear for one’s safety
  5. Not have given it as a result of being tricked or deceived about a material fact. An example of this would be his/her partner’s HIV status.
What is the Age of Consent?
The age of consent in Canada is 16 years. There are two “close in age” exceptions. A person who is up to five years older can lawfully engage in sexual activity with someone who is 14 or 15 years old, and a person who is two years older can lawfully engage in sexual activity with someone who is 12 or 13 years old.
Can a Person be Accused of Sexual Assault Even if the Alleged Victim is his/her Spouse?
The law in Canada makes it illegal to have non-consensual sexual relations with anyone, including a spouse.
What if an Assault is not for a Sexual purpose?
Canadian law also states that a person does not need to receive any sexual pleasure from the act, or even commit the act for a sexual purpose in order for him or her to be guilty of sexual assault when a complainant’s sexual integrity is violated.
Can a Drunk Person Consent to Sexual Activity?
In some circumstances, a drunk person can consent to sexual activity. The law states that poor decisions, memory loss, and loss of inhibitions due to alcohol do not automatically make any sexual activity that may have occurred non-consensual. If a person is drunk to the point of incapacitation, however, s/he cannot consent to sexual activity.
What is the Difference Between Rape and Sexual Assault?
There is no longer a charge of rape. Any type of unwanted sexual contact from touching to intercourse falls under the category of sexual assault. A person who is accused of rape and charged will be charged with sexual assault.
What are the Defences to Sexual Assault?
  • Consent – Where a court has reasonable doubt as to whether or not a complainant wilfully consented to participate in sexual activity, this defence is successful.
  • Honest but mistaken belief in consent – Where a person is not reckless or “wilfully blind” to a person’s lack of consent, s/he may be found not guilty of sexual assault.

Contact our sexual assault lawyers today for help with your specific situation.

Sexual assault Resources

Statutory Rape in Canada

What is Statutory Rape? Statutory Rape in Canada is defined as any sexual contact with a person under the age of consent. This usually refers to an adults touching children for sexual purposes. What is the Age of Consent in Canada? Canada’s age of consent is 16 years...

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Sex Crimes – Further Reading

SOIRA - Sexual Offender Information Registry Act Due Process Must Always Trump Victims’ Rights in Sexual Assault Cases Why Did Jian Ghomeshi Have His Sexual Assault Charge Dropped for a Peace...

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Consent – Section 265 Criminal Code

Definition of Consent The most basic definition of consent is permission or agreement from one person to another person to have that other person do something that would otherwise be illegal.  This general definition applies to all situations.  Additionally, the law...

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SEX OFFENDER REGISTRY (SOIRA) ORDERS

What is SOIRA? SOIRA stands for the Sex Offender Information Registry Act. The purpose of this act is stated to “help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders”....

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Address

472 Ridout St N. London
Ontario N6A2P7

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Phone/Fax

Phone: (519) 645-6969
Mobile: (519) 495-0870
Fax: (519) 645-2882

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Lakin Afolabi Law criminal lawyers london ontario
472 Ridout St N, London, ON N6A 2P7 Phone: (519) 645-6969