Sexual Assault

Sexual Assault 2020-02-19T22:06:29+00:00

Sexual Assault Lawyer Calgary

The Charge

Sexual Assault Lawyer Calgary

A sexual assault allegation has extremely serious consequences on the life of an accused person. You may face social stigma, financial hardship, and immeasurable stress. Our experienced Sexual Assault Defence Lawyers are here to minimize the stress and, more importantly, will prepare a top-notch quality defence so that you do not have to fight this charge alone.

The offence of “sexual assault” has a number of components. It must be proven that:

  • You applied force to another person
  • That application of force was intentional
  • The application of force was without the person’s consent or they were too young to legally consent
  • The nature of the touching violated the sexual integrity of the person touched

This definition covers a wide variety of conduct; for example, all the below examples can be prosecuted as sexual assaults:

  • An unwanted kiss
  • A brief groping overtop of another person’s clothing
  • Consensual sexual activity with someone legally too young to give consent
  • Disciplining a child by striking the buttocks or genitals
  • Sexual activity with someone who is sleeping or unconscious
  • Forced intercourse, fellatio, cunnilingus, or digital penetration on a resisting and unwilling person

These offences are often investigated by senior, experienced police officers. Upon your arrest, they may deploy a series of techniques to induce you into giving a statement. DO NOT GIVE A STATEMENT TO THE POLICE.

There is a time and a place for your side of the story to be told. The time is NOT when you re arrested. The place is NOT the police station. Immediately upon being released from custody, record your version of events in as much detail as possible. Do not show your statement to anyone else. Bring it to your free consultation with Michael Oykhman Criminal Defence Law, so that we can immediately start working on your defence.

Bail Conditions for Sexual Assault Charge

In virtually all cases, the Judge or police will impose conditions that prohibit you from talking to, or even going anywhere near, the victim.

Depending on the age of the alleged victim, the Crown or police may ask the judge to impose a condition that prohibits you from contacting anyone under a certain age, or going anywhere near a place where young children may be found (schools, pools, parks, etc.). These conditions have the effect of severely restricting your movements and raising unwanted questions from people in your life.

Our lawyers will work to ensure that the conditions placed on you while your case works its way through the courts alter your life as little as possible. You are presumed innocent, and we will work to ensure your release conditions reflect that.

Defending Sexual Assault Charge

Allegations of sexual assault are also usually prosecuted by senior, experienced government lawyers. It is therefore vital that you have a skilled advocate on your side. The rules of evidence and procedure relating to these charges are very complicated and a thorough understanding of those rules is vital to presenting your case in a clear and persuasive way to a judge, and possibly a jury as well.

We know there are two sides to every story. Our lawyers will review the entirety of the prosecution’s case, and will analyze your version of events as well. We will be able to give you a sound opinion about your options and how best to proceed, based on our experience handling these types of charges, the strength of the prosecution’s case, and your expectations.

If the matter cannot be resolved in a way that you are satisfied with, we will zealously defend you in a trial, by challenging the Crown’s witnesses and other evidence, and, just as importantly, presenting your case in a trustworthy, truthful, and compelling fashion.

The Sentence

The Crown prosecutor seeks, and the Judge will consider, a jail sentence in virtually every single instance of sexual assault. It is vital that you have a passionate and dedicated criminal lawyer by your side at this critical stage of the case. Our lawyers will create a detailed personal profile of you that accurately emphasizes your previous good character and your good future prospects to present that to the Judge when it comes time to pass sentence. We are skilled at damage control.

The available punishments are as follows:

  • Up to 10 years in prison
  • Mandatory registration as a sexual offender for 20 years
  • Up to 3 years of probation
  • Mandatory surrender of a DNA sample to the National DNA databank
  • An order that you not own or have any weapons, including firearms, in your possession
  • An order that you not attend any public park or pool, schoolyard, playground, or any other place where children under 16 can be expected to be (if the victim is under 14 years old)

In addition, Parliament has recently instituted mandatory minimum sentences for sexual assault if the victim was under 16 years of age at the time of the offence. Depending on how the Crown prosecutor proceeds against you, you can face a minimum of:

  • 1 year (if the Crown proceeds by Indictment)
  • 6 months (if the Crown proceeds by Summary Conviction)

Sexual Assault FAQs

  1. What is sexual assault?
  2. What does consent mean?
  3. What should I do if I have been falsely accused of sexual assault?
  4. What are the best defences to a sexual assault charge?
  5. How can I get my sexual assault charges dropped?

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David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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Charges from outside of Calgary near Okotoks: Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. He is the Top Lawyer in the Calgary area. I highly recommended him to anyone facing traffic charges.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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