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Rupin Bal Law Professional Corporation: Your Trusted Sexual Assault Lawyers in Southern Ontario

Rupin Bal is a Sexual Assault Lawyer serving clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region and all of southern Ontario. With Rupin Bal, an experienced criminal lawyer at its helm, the firm is known for its professionalism, integrity, and client-centric approach.

Irrespective of the nature of the criminal legal issue we recognize the distinctiveness of each case and prioritize personalized attention for our clients. By actively listening to clients’ concerns, understanding their objectives, and formulating tailored strategies, we strive to achieve the most favorable outcomes possible.

By choosing us, you’re placing your legal matters in competent hands. We are committed to safeguarding our clients’ rights, offering clear and concise legal advice, and guiding them through every step of the legal proceedings. Our mission is to empower clients with the knowledge and support necessary to make well-informed decisions and create a brighter future.

If you require legal assistance for a Sexual Assault charge within Southern Ontario, contact us for a free consultation. Our experienced legal team can assist you in navigating the intricacies of Canadian law with confidence and peace of mind. We speak English, Punjabi and Hindi.

A Strong Defence Against Sexual Assault Charges

Sexual assault allegations can range from unwelcome touching to serious accusations of rape, often resulting in a “he said, she said” situation. In many cases, the defendant and the complainant may be the only witnesses to the alleged encounter. This makes cross-examination a pivotal tool in establishing innocence. One of the most critical roles of your criminal lawyer is to carry out a thorough and strategic cross-examination. The skill, preparation, and persistence of your lawyer directly impact the effectiveness of challenging your accuser’s testimony. With years of experience, Mr. Rupin Bal is highly skilled in defending sexual assault charges and discrediting the reliability of witnesses.

In more complex cases involving medical or physical evidence, Mr. Bal has successfully cross-examined forensic experts, such as toxicologists on issues of intoxication, and medical professionals, including Sexual Assault Nurse Examiners, on alleged physical evidence.

Additionally, we work with private investigators and expert witnesses to gather critical evidence, interview key witnesses, and strengthen the defence.

For those wrongly accused of a sexual offence, the experience can be harrowing. A conviction brings severe consequences—loss of employment, long prison terms, and the lifelong stigma of being listed as a sex offender. Clients trust us because they know we are as committed to clearing their names as they are. Rupin Bal has a proven track record of exposing false accusations and revealing that alleged non-consensual acts were, in fact, consensual.

Sexual assault law is one of the most complex legal areas. We have extensive experience navigating the specific procedural rules that govern sexual assault cases. There are strict limitations on the types of questions that can be asked of a complainant, and special applications must be made to access certain records, such as prior sexual history or third-party medical and counseling documents. We have successfully filed these applications when necessary to ensure a robust defence.

Experienced Defences for Sexual Assault

At Rupin Bal Law, we have a strong track record of successfully defending against sexual assault allegations in Toronto, the Greater Toronto Area (GTA) and all of Southern Ontario. Our team has extensive experience in presenting a wide range of defences, including:

The sexual activity in question was consensual;
The client had an honest but mistaken belief that consent was given;
The allegation is entirely fabricated;
The Crown cannot prove the identification of the accused.

As a leading criminal defence practice in Toronto, Rupin Bal Law has successfully defended countless individuals charged with sex crimes. Defending against sexual assault allegations requires deep knowledge of the Criminal Code, court procedures, and the specific types of evidence permissible in court. We utilize every available tool to combat these accusations. Our experience in complex court proceedings allows us to present the strongest evidence possible, including, when relevant, the complainant’s prior sexual history and medical records.

We frequently collaborate with private investigators, pharmacologists, forensic psychiatrists, forensic toxicologists, and other experts to provide comprehensive defence strategies for our clients.

Sexual assault charges are highly complex, emotionally charged, and challenging. A conviction can have life-altering consequences, including mandatory registration on the Sexual Offender Registry, social stigma, and the potential for imprisonment. It’s crucial to have an experienced criminal lawyer who understands the intricacies of these cases and has the skill to develop the most effective defence strategy.

FAQ About Sexual Assault Offences

The Meaning of Consent in Sexual Offences

While some sexual assault cases revolve around whether sexual contact occurred, acentral issue in most cases is whether both parties provided consent to the sexual activity.

Consent is characterized as the voluntary agreement between parties to engage in sexual activity with each other. The court plays a pivotal role in determining whether there was consent to sexual activity. Consent revolves around the “actual state of mind of the complainant”, while belief in consent hinges on the state of mind of the accused.

Consent pertains to both the actus reus and mens rea of the offense. The actus reus involves determining whether “the complainant was subjectively consenting in her mind,” and the mens rea involves establishing whether “the accused believed that the complainant communicated consent.” The absence of consent must be assessed based on the complainant’s subjective internal state of mind towards the touching at the time it occurred.

To ascertain if the complainant consented to engage in sexual activity, the judge evaluates the parties’ words, conduct, and the reasonable steps taken by the accused during the encounter. The complainant is not obligated to express their lack of consent through explicit objections, either verbally or through gestures.

The complainant’s silence or passivity cannot be treated as a form of consent. In other words, implied consent is not a valid defense against a charge of sexual assault. Even if the accused genuinely believes that the complainant’s silence, passivity, or ambiguous conduct implies consent, such beliefs do not serve as a defense in a sexual assault case.

Engaging in further sexual touching to “test the waters” after a clear “No” without ensuring a change of mind can lead to a conviction for sexual assault.

Some examples of situations that do not amount to consent are as follows:

When the agreement for a sexual encounter is expressed by the words or conduct of a person other than the complainant.
If the complainant is incapable of consenting due to their mental state at the time, including intoxication, incapacity, unconsciousness, mental illness, etc.
When the accused person induces the complainant to engage in the activity by abusing a position of trust, power, or authority.
If the complainant expresses, by words or conduct, a clear lack of agreement to engage in the sexual activity.
When the complainant, having initially consented to sexual activity, later expresses, by words or conduct, a lack of agreement to continue the conduct.
If the complainant is under the age of 16, and the “close in age” exception doesn’t apply.

It’s essential to note that an unconscious person cannot consent to sexual activity, even if they expressed consent in advance. This is because the definition of consent requires the complainant to provide actual, active consent throughout every phase of the sexual activity, as it is happening. Any sexual activity with a person incapable of consciously evaluating their consent at all times is not considered consensual under the Criminal Code.

Honest but Mistaken Belief in Consent

person may be deemed not guilty of sexual assault even if engaging in sexual activity that the complainant did not consent to, provided the accused person genuinely believed, albeit mistakenly, that the complainant was consenting.

To invoke the defense of an honest but mistaken belief in consent, there must be evidence demonstrating that the accused person reasonably believed the complainant communicated, through words or actions, consent to engage in the sexual activity. The critical question for the judge is whether the accused person genuinely believed they obtained consent from their sexual partner. The focus lies on whether the accused believed that the complainant effectively communicated a “yes” through their words and actions.

Moreover, the Criminal Code stipulates that the accused must demonstrate they took reasonable steps to ascertain the complainant’s consent. Courts have clarified that it’s not mandatory for the accused to take every conceivable reasonable step to confirm consent; rather, making reasonable efforts to take some steps may be considered sufficient in establishing the defense.

What is Sexual Assault?

Sexual assault refers to any form of unwelcome sexual contact, not limited to non-consensual intercourse. It includes acts such as touching, kissing, and fondling. To determine whether the contact was sexual, the court evaluates the entire context, considering factors such as the body part involved, the verbal and physical actions surrounding the incident, the accused’s intentions, and the setting in which the conduct occurred.

Consent Laws in Canada

According to Canadian criminal law, a person cannot give valid consent to sexual activity if they are intoxicated, unconscious, or asleep. Before engaging in any sexual activity, it is essential to take reasonable steps to ensure that the other party is giving clear consent. In Canada, the legal age of consent is 16. While there are a few exceptions, individuals can legally agree to sexual activity only once they have reached this age.

Consequences of a Sexual Assault Conviction

A conviction for sexual assault can result in severe penalties, ranging from probation to significant prison time, depending on the nature of the offence. Given the broad definition of sexual assault, sentences vary widely. If the complainant is a minor, the maximum penalty could range from 10 to 14 years in prison. For aggravated sexual assault, the potential maximum sentence is life imprisonment. Beyond incarceration, a conviction can also lead to collateral consequences, including civil lawsuits filed by the complainant.

Canada’s Sex Offender Registry Explained

If convicted of a sexual offence, the court may order you to register with the Canadian Sex Offender Registry, a nationwide database containing information on individuals convicted of specific Criminal Code offences. These offences include:

Sexual assault
Sexual assault with a weapon
Aggravated sexual assault
Sexual interference
Invitation to sexual touching
Sexual exploitation
Incest, bestiality
Child pornography

If you have attempted or conspired to commit any of these offences, you may also be required to register.

While your name is protected from the general public, the information is accessible to accredited police departments across Canada. Under the Sex Offender Information Registration Act (SOIRA), registered individuals must provide annual updates, including:

Name
Date of birth
Current address
Vehicle information
Recent photograph
Identifying marks
Employment or volunteer information and address
Details of any sexual offence convictions

When a sexual offender is released into the community, police may notify the public, even though the public cannot directly access the National Sex Offender Registry. If your name is added to the registry, it could remain there for life. However, with a strong legal strategy from an experienced sexual assault lawyer at our Toronto law firm, it may be possible to avoid this outcome.

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Your Sexual Assault Lawyer in Southern Ontario.

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Reach out to our Sexual Assault Lawyers now to schedule a complimentary legal consultation and let our experienced team provide you with the guidance you need.

We serve clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region, all of southern Ontario and speak English, Punjabi and Hindi.

Your Sexual Assault LawyerServing Southern Ontario