Sexual Assault Lawyer in Mississauga

A sexual assault allegation can affect your job, your family, your immigration status and your reputation before a court ever hears the evidence. At Rashidy & Associates, our Mississauga sexual assault lawyers act quickly and discreetly to protect your rights from the moment you are contacted by police. As part of our wider criminal defence practice, we defend clients in Mississauga, Brampton and across the GTA, in English and in Arabic.

Call 905-361-9791 or book a confidential consultation. If police have asked you to come in for an interview, speak to a lawyer before you go.

What is sexual assault under the Criminal Code?

Sexual assault is an assault committed in circumstances of a sexual nature that violate the sexual integrity of the complainant. It is covered by three sections of the Criminal Code:

• Sexual assault (s. 271): any unwanted touching of a sexual nature, from a brief touch to intercourse.
• Sexual assault with a weapon, threats to a third party or causing bodily harm (s. 272).
• Aggravated sexual assault (s. 273): where the complainant is wounded, maimed, disfigured or their life is endangered.

The central legal question in most cases is consent. Under s. 273.1, consent means the voluntary agreement to the specific sexual activity, at the time it happens. The law says there is no consent if the person is incapable of consenting (for example, because of intoxication or unconsciousness), if they said or showed they did not agree, or if consent was obtained by abusing a position of trust or authority. Consent can’t be implied from silence, from a past relationship or from what someone was wearing.

We also defend related sexual offences, including sexual interference, invitation to sexual touching, sexual exploitation, voyeurism and historical allegations that go back many years.

Penalties for sexual assault in Ontario

Sexual assault under s. 271 is a hybrid offence. The Crown decides whether to proceed summarily (less serious) or by indictment (more serious).

A conviction can also lead to:

• A criminal record that shows up on vulnerable sector checks.
• A court order to register under the Sex Offender Information Registration Act (SOIRA), which is mandatory for some offences and discretionary for others.
• A DNA order and weapons prohibition.
• Travel restrictions, including refusal of entry to the United States.
• Immigration consequences. For a permanent resident or visa holder, a sexual assault conviction can count as serious criminality under the Immigration and Refugee Protection Act, even if the Crown proceeded summarily. Our immigration lawyers can assess this risk before you resolve your case.

Parliament has legislated mandatory minimum sentences where the complainant is under 16, but courts have found some of these unconstitutional. Your lawyer will explain the current position for your specific charge.

What happens after a sexual assault charge in Mississauga

1. Investigation and arrest. Sexual offences in Mississauga are investigated by Peel Regional Police. Police often ask the accused to attend a video-recorded interview. You have the right to speak to a lawyer first and the right to stay silent. Use both.
2. Release or bail. Most people are released on an undertaking or at a bail hearing. Conditions almost always include no contact with the complainant and sometimes restrictions on where you can go. Our bail hearing lawyers prepare sureties and release plans.
3. First appearance. Your case begins at the A. Grenville & William Davis Courthouse in Brampton, which handles criminal matters for all of Peel Region, including Mississauga.
4. Disclosure. The Crown must give you the evidence it has, including the complainant’s statement, texts, medical records obtained by police, and witness statements. We review every page.
5. Pre-trial meetings. We meet with the Crown and a judge to narrow the issues and, where appropriate, negotiate a withdrawal, a peace bond or a reduced charge.
6. Election and trial. If the Crown proceeds by indictment, you can choose trial by a judge in the Ontario Court of Justice, a judge of the Superior Court, or a judge and jury.

Under R. v. Jordan, cases must generally be brought to trial within 18 months in the Ontario Court of Justice and 30 months in the Superior Court. Unreasonable delay can lead to a stay of charges.

How sexual assault charges are defended

Every case is different, but the defences we raise most often include:

• Consent. The evidence shows the activity was consensual. We examine messages, timelines and the complainant’s conduct before and after.
• Honest but mistaken belief in communicated consent. This defence is only available if the accused took reasonable steps to confirm consent (s. 273.2). It is technical, and it needs careful preparation.
• Credibility and reliability. Many cases come down to one person’s word against another’s. Inconsistencies between the complainant’s police statement, preliminary evidence and trial testimony can raise a reasonable doubt.
• Fabrication or motive. Evidence of a motive to make a false allegation, for example during a child custody dispute.
• Identity and alibi. Where the accused says they were not the person involved.
• Charter violations. Unlawful searches of your phone, a denial of your right to counsel, or statements taken improperly can lead to evidence being excluded under s. 24(2).

There are strict rules on evidence of the complainant’s prior sexual activity (s. 276) and on private records like counselling notes (s. 278.92). A defence lawyer must bring a formal application before this evidence can be used. Knowing these procedures is essential in sexual assault defence.

Why choose Rashidy & Associates

• Discreet, confidential defence. We understand what is at stake for your career and family, and we protect your privacy throughout.
• Criminal and immigration law under one roof. If you are not a Canadian citizen, we build your defence with your immigration status in mind from day one.
• English and Arabic service. You can speak directly with a lawyer in Arabic. Nothing important gets lost in translation.
• Experience in every level of court, including the Ontario Court of Justice, the Superior Court of Justice and the Court of Appeal for Ontario.
• Local. Our office at 145 Traders Blvd E. in Mississauga is about 20 minutes from the Brampton courthouse.
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Frequently asked questions

Should I talk to police if I’m accused of sexual assault?

No. Not before you speak with a lawyer. You have the right to remain silent and the right to counsel. Anything you say in a police interview can be used against you, even if you believe you are explaining your innocence.

Can the complainant drop the charges?

No. In Ontario, the Crown decides whether to continue a prosecution. The complainant’s wishes are considered, but they cannot withdraw the charge themselves.

Will I go to jail for sexual assault?

It depends on the facts, your background and the Crown’s election. Outcomes range from withdrawal or acquittal to a conditional sentence or jail. An early defence strategy gives you the best chance of avoiding a conviction altogether.

How long does a sexual assault case take in Peel?

Most cases take 12 to 24 months from charge to trial. Jordan limits of 18 and 30 months apply, and delay caused by the Crown can lead to charges being stayed.

Will a sexual assault charge affect my immigration status?

It can. For permanent residents, a conviction can lead to a finding of inadmissibility. Speak to a lawyer who understands both criminal and immigration law before you resolve your case.

Can I contact the person who accused me?

No, if your release conditions prohibit contact, and they almost always do. Breaching a condition is a separate criminal offence. Let your lawyer handle all communication.

Related services

• Criminal Defence Lawyers
• Assault Lawyer Mississauga
• Bail Hearing Lawyer
• Domestic Assault Defence
• Immigration Services
• Arabic-speaking lawyers

Speak to a Mississauga sexual assault lawyer today

The earlier you get advice, the more options you have. Call 905-361-9791 or book a confidential consultation. Consultations are available in English and Arabic.