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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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Jonathon Himann
Jonathon Himann
20:19 13 Jul 20
I have nothing but praise for Oykhman. Their customer service was top notch. Joseph Beller was able to phone me back... within minutes of me leaving a message on their machine. He explained the possible consequences and calmed me down mightily. The whole conversation was extremely professional, from the receptionist to the email follow up. I would have no hesitation recommending them.read more
Tianda Praud
Tianda Praud
02:53 01 Jul 20
With the assistance of Elena Ryland, my charges have been withdrawn! Elena is compassionate and incredibly... understanding. Despite being charged during a pandemic, she made the whole process so simple. I strongly encourage anyone to retain Elena and trust in her and the rest of the team at Savage Oykhman!read more
Brittany Collins-Berthelot
Brittany Collins-Berthelot
14:43 26 Jun 20
Elaine was amazing from the start, she made me feel very comfortable and trusting of her. The staff was very... professional and caring. I would highly recommend Elaine to my family and friends.read more
Brendan Mcdonald
Brendan Mcdonald
16:15 16 Jun 20
I have had Mr. Oykhman represent me twice now and on both occasions the issues were fully resolved having all charges... withdrawn. His service is second to none. I know once Mr.Oykhman is retained that everything will be resolved and in a favorable way because he will take care of the issues at hand. I highly recommend Mr.Oykhman to anyone that wants a stress free encounter and piece of mind knowing their issues will be takin care of, and in the end the outcome will be favorable. I would never think of ever hiring another lawyerread more
Chey Panda
Chey Panda
21:27 28 May 20
I highly recommend Crystal McGraw's services as she is very professional, non-judgmental & reliable. Crystal will keep... you updated every step of the way & will work hard to get you a positive outcome for your case. Thank you for all your help!read more
Conrad Taupert
Conrad Taupert
15:08 28 May 20
Elena Ryland was compassionate and empathetic. She immediately validated my emotions and calmed me down.I found her to... be extremely motivated. She got all my charges dropped. I highly recommend her.read more
classified666 .
classified666 .
19:42 27 May 20
I Had an accident right before Christmas last year an ended up getting a handful of criminal charges. Michael an his... team worked hard an got all charges dropped including an impaired. I’m thankful for his effort an would highly recommend!read more
Mark Paolo Ramos
Mark Paolo Ramos
16:23 04 May 20
After months of dealing with Crystal Mcgraw, Ryan P and Amie I have nothing but utmost respect for their... professionalism and hardwork. I was dismissed from my case and now can breathe normally as I can get my life back to normal. I would definitely recommend these folks to take care of your cases and you will be satisfied with the work that they will put into your case.read more
Kevin Murphy
Kevin Murphy
00:35 24 Apr 20
Thanks to Ryan for doing a great job, and for providing a sense of support and professionalism. My charge was stayed,... which is about the best result I could have hoped for, and better than I expected. Thanks to Crystal as well for everything she did, and for delivering me only good news, and to Amie for the communications she provided. All around very happy with everything, hopefully I never require their services again. 😉read more
Craig Stange
Craig Stange
15:35 23 Apr 20
I am going through an extremely difficult divorce and my ex made a power move by making an allegation against me that... involved the police and the start of a three month investigation. Upon the advise of a former RCMP member who is a good friend I engaged the Services of Michael to help with the investigation phase and contact by the city police. His services in dealing with the investigation and guiding me through this is beyond value. I would highly recommend his team. I am pleased to report that with his guidance the matter was dropped before charges, money well invested. If you get contacted by police your first call should be to his office.read more
Daniel Araia
Daniel Araia
00:55 22 Apr 20
If anyone is looking for professional legal lawyer I’m hardly recommending to anyone to Michael Oykhman with his... team. Trust me you will get quality service with professionalism from Michael Oykhman and all his team. Thanks to you all for your time and commitment I’m totally satisfied with all your hard work keep doing good job guys cheers.read more
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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Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

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