Sexual Assault Lawyer in Winnipeg

Sexual assault is not an offence that is specifically defined in the Criminal Code. The definition of “assault” in the Criminal Code applies to all forms of assault, so at its core, a sexual assault involves the intentional application of force to another person, without that person’s consent. The assault must be committed in circumstances of a sexual nature, such that the sexual integrity of the complainant is violated.

If you have been charged with sexual assault, it is important to contact a lawyer right away. In this type of case, it is critical for the lawyer to gather information about you and the complainant early on, as well as about the context of the allegations, so that they can properly investigate and prepare your defence. Your memory of events is crucial in these cases and it will only fade over time, so it is essential to meet with a lawyer right away.

Sexual assault cases are especially complicated because of the rules of evidence that apply. In the past, lawyers were able to freely question complainants about their previous sexual history, either with the accused person or other individuals. The law has changed, and in order to ask questions about a complainant’s past sexual history, an accused person must apply to the court for permission to do so.

Often, complainants in sexual assault cases will have spoken to someone other than the police about the allegations, such as a doctor or a counsellor. These records can be very important to a successful defence. However, the Criminal Code states that these records are not to be disclosed to an accused person in a sexual assault case unless the complainant consents. An accused person who wishes for these records to be disclosed must apply to the court and show that the records are likely relevant to the case and that it is in the interests of justice to disclose the records. These are very complex applications which require legal research, writing, and argument.

In addition to sexual assault, the criminal defence lawyers in Winnipeg at Brodsky, Amy & Gould have experience defending related charges such as sexual interference, invitation to sexual touching, and child pornography offences.

A conviction for sexual assault carries serious consequences, such as a criminal record, a mandatory minimum jail sentence of one year, and registration on the National Sex Offender Registry. If you are charged with sexual assault, you need the assistance of experienced and knowledgeable legal counsel. The lawyers at Brodsky, Amy & Gould have experience successfully defending sexual assault cases and related charges, and can help you with your case.

Practice Areas

Call or text now at 204-940-4433

Frequently Asked Questions

  • Level 1: Minor physical injuries or no injuries to the victim
  • Level 2: Sexual assault with a weapon, threats, or causing bodily harm
  • Level 3: Sexual assault that results in wounding, maiming, disfiguring, or endangering the victim’s life (aggravated sexual assault)

As with all criminal cases in Canada, the burden of proof is on the prosecution (the Crown) to prove beyond a reasonable doubt that the accused is guilty. Some of the elements the Crown may use to prove that sexual assault occurred include:

  • Lack of consent
  • Lack of capacity to consent (intoxication, age)
  • The use of force or threats

No. While the victim can send an affidavit to the prosecution (who works for the government) to ask them to drop the charges, criminal charges in Canada are brought by the Government (the Crown), and can only be dropped by the Crown.

Yes. Though probation is an unlikely sentence, it is possible. A person is more likely to receive probation if:

  • They have no criminal history
  • They have no history of violence or sexual assault
  • No one was injured during the sexual assault
  • No weapon was used
  • The victim was an adult
  • The defendant only recently became an adult

Probation as a sentence is not common; sentences that combine jail time and probation are far more likely.

Minimum sentences for sexual assault exist when a victim is under 16 years old. In these cases:

  • A summary conviction leads to a minimum of six months in prison
  • An indictable offence has a minimum sentence of 1 year
  • If a firearm was used, the minimum sentence is 5 years

Yes, sexual assault is bailable, though bail can be denied under some circumstances.