Your first step should be to contact a lawyer as soon as possible. Authorities do not have the right to deny you one and you should have the freedom to defend yourself. From there, we’ll thoroughly analyze and review the details of your case and determine the pros and cons of going to trial. 

This process can take several discussions and we take into account the odds of a successful defence. We’ll also go over the risks of going to trial versus negotiating a plea deal with the Crown attorney. We’ll take your opinions into consideration and work together to reach a decision that works in your favour. 

You can expect the trial to begin around six to eight months after the initial charge has been laid. It may also take a full year, depending on the case, so you’ll have to be patient as it is a long process. Rest assured, Semyonov Law is with you at every step of the way. 

We’ll use this much needed time to prepare your defence and walk you through how to handle the prosecutor’s cross-examination.

On the day that the trial is set to take place, the Crown will begin by calling all witnesses to the stand. From there, our defence team will cross-examine them and look for any inconsistencies, biases, and weaknesses in the Crown’s case that support your defence. 

We’ll make the decision afterward to determine whether the complainant or any other witnesses should testify. Closing arguments are made from both sides soon after.   

The penalties and consequences of sexual assault range broadly depending on the severity of the case, eg. if there was a weapon involved. Serious sexual assault charges in Ontario can result in sentences that span several years. These terms can be longer if you have a prior conviction on your criminal record. 

If a sexual assault is committed against an adult, minimum sentences can range from 15 months to 2 years or 2 to 3 years in a penitentiary system if your case involves date rape. Sexual assault against a child carries more severe penalties and a likely indictment by the Crown. This carries a 6 to 12-year sentence. 

Lastly, you’ll also be required to add your name to the National Sex Offender Registry if convicted.

This can depend on whether the prosecution proceeds with a minor summary conviction or a serious indictable charge. The process can be strict, detailed, and complex. For more minor offences, the prosecution may set up a summary conviction that moves to a 1-3 day trial. Busier courthouses in Ontario may slow this process to 12-15 months, providing a more realistic timeline of how long the process goes. 

For more serious charges, the court process can take longer, beginning with a first appearance 3-6 weeks after the accused’s arrest and 2-4 months of appearances in Ontario’s remand court, where the defence attorney receives all the information from the Crown attorney. Due to the many courthouse bookings in the GTA, it is not uncommon for trial dates to start 2-3 years after the date of arrest. 

Sexual assault is typically established by three main elements; intentional touching, lack of consent, and the sexual nature or intent behind the contact.

Because sexual assault can range from groping to intercourse and other factors can be at play such as past criminal records, the circumstances of the case, and if any brutality was involved, sentencing differs on a case by case basis. 

Brutality may include domestic assault, for this it is best to find someone who is both a sexual assault lawyer as well as a domestic assault defence lawyer in Newmarket. If found guilty, the accused can be looking at anything from no jail time to 18 months or 10 years depending on these factors and if the Crown decides to proceed with “summary conviction” or “indictment”. 

If convicted, the accused may be placed on a national and provincial database of sex offenders for a period of time, potentially 10 years or more. They may also be subjected to supervision by police for a period of time after the conviction is made.

This will heavily depend on the specific case itself, considering things like; if both the accused and the complainant live together with the children, if they are separated or divorced, the children are underage, and more. If domestic violence is involved then this should be brought to the court’s attention right away. There could be certain provisions made to allow the accused to see the children. Typically a third party will be responsible to make these arrangements.

Working with a trusted sexual assault lawyer in Newmarket like Semyonov will be a huge asset to your case. We will work to cross-examine the witness, point out evidence that can help your case, and potentially raise awareness of any bias, inconsistencies, and/or improbabilities to create reasonable doubt. As an experienced sexual assault defence lawyer in Newmarket, Semyonov will then decide if any defence witnesses or the accused will testify after the Crown has presented their case. Finally, closing arguments will be made by both the Crown and defence.

A lawyer’s fees can range depending on each case factoring the severity of the alleged crime and more. Typically there are 3 popular options for payment; an hourly rate, a flat fee, or payment by phase.  

Hourly rate is common, especially for civil attorneys, this can be advantageous to a client if the matter is resolved quickly. A flat fee works off the basis the lawyer will work for a specific time and fees won’t go over that amount. Payment by phase works alike to a flat rate but is dispersed through the case, potentially getting paid at the pretrial and trial phase. 

Rest assured, Semyonov Law works at a fee that is fair to both parties. Reach out to us to discuss the specifics of your case.

Working with Semyonov Law, you can bank on quality legal advice and representation throughout the case to improve your defence against sexual assault. 

We will support you the whole way. Semyonov has worked as a sexual assault lawyer in Newmarket, gaining invaluable experience to steer you in the right direction. Your concerns will be addressed confidently, accurately and quickly to give you the peace of mind you need and improve the chances of success in court.