Professional Sexual Assault Lawyer in Barrie

Sexual assault is a serious offence in Ontario and throughout Canada, with severe penalties and life-altering consequences on the accused. David Wilcox LL.B law firm has extensive experience in handling sexual offences, defending sexual assault cases and sexual interference problems that can affect people from any social or cultural background. Our sexual assault lawyers in Barrie are abreast with the latest developments in sexual assault allegations, subsequent police investigation and the law governing these charges and offer to help you out in delicate situations that can impact the life of the alleged individual and their family and friends on a large scale. 

Once an allegation is made, you need to take control of the situation and make yourself aware of the legal consequences that will follow, including jail time. Keep all details of the assault or your case handy with you and try to remember even the slightest information to file a case under the guidance of our experienced attorneys. If you have been accused of sexual assault, turn to us. Give your case the headstart it deserves with expert legal help from our senior sexual assault lawyer in Barrie, David Wilcox. Call now!

Defining Sexual Assault

Sexual assault is distinguished from other sexual crimes by the violent nature of the act. Most of us, confuse the assault with rape and often shy away from reporting it to the concerned authorities due to the fear of public scrutiny. According to Section 271 of the Criminal Code of Canada, any sexual contact to another person without consent is defined as sexual assault. Allegations pertaining to sexual assault can be a result of certain misleading situations such as:

• Wrong identification by the alleged victim
• Vengeful intent by the victim
• Misunderstood consensual contact by the victim

Reading informational articles about sexual assault allegations and how to cope with them will help you understand the legalities better. Sexual assault is a heinous offence, and it becomes imperative to have a skilled lawyer representing you to protect your rights. Our sexual assault lawyers understand it is the case where your reputation, image and family are at stake, so they take every measure to keep your case confidential and only ask you to visit the authority to testify against the accused. 

The Scope of Sexual Assault Abuse

If an individual commits assault by making sexual contact with any gender without consent, it is classified as sexual abuse. This act includes various other actions such as:

• Forced sexual intercourse
• Forcible sodomy
• Forcible confinement
• Forced prostitution
• Creation of child pornography
• Child molestation
• Incest
• Fondling
• Attempted rape

Factors That Are Analysed

Many factors need to be analysed while dealing with a sexual assault case such as:

• Did both sides share their version of the alleged incident?
• Were the witnesses of the accused checked out?
• Were any important details missing from the victim’s story?
• Did the timeline details of both the victim and the accused align?

• Whether the assault was sexual in nature and harmed the dignity of the victim?

• Examining the situation in which it occurred?

Sexual Assault Defences

Though sexual assault allegations are delicate, it doesn’t need to be true every time. Sometimes due to fear, hesitation and trauma, the victim might accuse an innocent. To help those innocent people whose lives and reputation is at stake, we make the following defences in the judicial system:

• Identity: The victim or complainant must be able to identify and testify against the attacker. In most cases, forensic tools and techniques are also applied for confirmation.
• No sexual intercourse: Our lawyer confirms with the accused and the complainant whether any forced sexual intercourse happened between them.
• Consent: If sex happened, whether it was consensual or forced. If consensual but still the victim accused a person, it won’t be counted as sexual assault in the eyes of the law.
• Mistaken belief in consent: An accused can defend themselves in cases where there is an honest confusion about the consent for sexual activity.

If you would like to know more about the defences and how we can protect you honestly and fairly, consult our law practitioners today!

The Consequences of a Conviction

Generally, the provincial prosecutor gets to judge and charge the individual for his or her crimes. The victim might have to testify in the court during the prosecution of the case.

If an individual is convicted, his or her reputation could be ruined as they could be required to register as a sex offender in the National Sex Offender Registry. The National Sex Offender Registry is a database established according to SOIRA, the Sexual Offender Information Registration Act. Your name, date of birth, current address, photograph, identifying marks like scars or tattoos and the offences for which you are convicted will be recorded. This information will be accessible by the Canadian police force and every movement of yours will be monitored. This might result in long-term consequences such as the inability to get a job, buy a house or rent an apartment. In certain cases, leaving the country or obtaining a licensed gun might be prohibited as well.

Frequently Asked Questions

Whom Should You Speak to First While Facing a Sexual Allegation?

Always speak to an experienced and skilled sexual lawyer first before speaking to anybody. When you get accused of a sexual offence, it’s best to contact the lawyer and let him take charge of the case.

What Are the Steps to Take after Facing a Sexual Allegation?

First, contact a trusted sexual assault lawyer in Barrie who will be able to guide you about the legal proceedings and steps. Always understand and know your rights. Do not sign any document without your lawyer’s consent.

What Is the Sentence for Sexual Assault?

While sentencing, the judge will look at various factors to determine an appropriate punishment. As each case is unique, the sentence if the person is found guilty could range from no jail time to a maximum of 18 months.

How to Pick the Right Sexual Assault Lawyer?

It’s best to select a lawyer who has a stellar reputation with vast experience in sexual assault cases. Being one of the sought-after sexual assault lawyers in Barrie, David Wilcox is known for his keen eye for detail and tedious case preparation.

Hire a Sexual Assault Defence Attorney Today!

A lot is taken into consideration by the court while dealing with sexual assault cases. Everything is considered by our lawyer, including the motives, words, and gestures accompanying the said assault. David Wilcox has years of experience and can offer professional guidance, should you require counselling to understand the proceedings in a court of law. If you’re looking for a sexual assault lawyer with successful track records in Barrie and Central Ontario, contact David Wilcox today.