Recent Success: R v. M.O. Charged with Sexual Assault
My client was charged with Sexual Assault. The allegations were that he touched the complainant’s breasts when she was in a state of intoxication. The matter was withdrawn as a result of several meetings with a Judge and the Crown; wherein I was able to convince them that, as a result of the complainant’s intoxication they did not have a reasonable prospect of conviction.
What is Sexual Assault?
The definition of Sexual Assault is an assault that is sexual in nature. It is an act in which a person sexually touches another person without their consent.
S.271 everyone who commits a Sexual assault is guilty of:
(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to minimum punishment of imprisonment for a term of one year; or
(b) an offence punishment on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
Consequences of Being Found Guilty of Sexual Assault:
If you are found guilty of Sexual Assault, depending on the circumstances, the consequences are very serious and may include a Criminal Record, Probation, Jail and/or a SOIRA order.
What is a SOIRA Order?
SOIRA is the Sex Offender Information Registration Act. If upon conviction there is a SOIRA Order, you will be required to report to a registration centre and must provide your:
- given name and surname, and any aliases
- date of birth and gender
- address of your main residence and secondary residences, if any
- the place where you are employed or volunteer
- the name of your employer and/or the person who is in charge of your volunteer work
- address of the educational institution in which you are enrolled
- telephone number where you can be reached
- your height and weight
- license plate number
- driver’s license number
- passport number
- and more
Furthermore, for the length of the order you must report any change with respect to the foregoing.
As one can see the SOIRA order is a very onerous order. It may be one of the most serious consequences of being found guilty of Sexual Assault.
Defending Sexual Assault Charges:
In properly and effectively defending sexual assault charges, the most important aspect is hiring an experienced Criminal defense Lawyer. Donna V. Pledge is a very experienced criminal defense Lawyer, who has almost 3 decades of experience in representing individuals who are charged with sexual assault charges.
Subsequently your lawyer will review all the evidence in your case, and ascertain whether there would be an opportunity to convince the Crown, given any frailties of the case, to withdraw. If not, then your lawyer will review the case with you to defend it at trial and argue for a finding of not guilty. The experienced criminal defense lawyer will be able to navigate the criminal justice system and ensure that you are successfully represented.
Call 416-630-8702 or click here to email
Donna V. Pledge, Barrister & Solicitor
Donna V Pledge, is a highly experienced criminal lawyer in Toronto. She has over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992 and has earned a reputation of a tough and no-nonsense lawyer. One who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario.
