Sexual Assault Lawyer in Calgary

Sexual assault law is complex. Key issues often include consent, communication, credibility, memory, police conduct, and the Crown’s ability to prove the offence beyond a reasonable doubt.

Our criminal lawyers represent clients before and after charges are laid. We review all evidence, including disclosure, messages, witness testimony, video, medical records, and police notes. If your rights were violated, we will challenge those actions.

The strongest defence is built on careful preparation, thorough analysis, and strategic advocacy. This is why experience matters.

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Under the Criminal Code of Canada, sexual assault involves intentional touching of a sexual nature without consent. The Crown must prove that sexual touching occurred and that it happened without the voluntary agreement of the other person. It must also prove the touching had a sexual purpose or was viewed as sexual in the circumstances.

SSexual assault is a criminal offence. A conviction can result in jail, probation, a criminal record, travel or employment restrictions, and sex offender registration. Some offences may involve minors, sexual interference, invitation to sexual touching, or sexual exploitation, where the age of consent is a key factor.

Consent To Sexual Activity

Consent to sexual activity must be given actively and voluntarily at the time it happens. In Canada, the age of consent is 16. It’s also important to note that consent is invalid if obtained by force or threats. Someone cannot legally give consent if they are unconscious, coerced, threatened, or not able to make a free choice. Consent must continue throughout the encounter and may be withdrawn at any time. Canadian courts also limit how sexual history evidence can be used.

Now, silence does not mean agreement. Whether there was consent depends on what was said, done, and what the accused believed at the time. If someone honestly but mistakenly believed there was consent, there must be evidence and proof that reasonable steps were taken. Being drunk or high by choice does not count as consent. Punishments for sexual assault can range from no jail time to months or years in prison.

Cases may involve intercourse or alleged touching over clothing, kissing, grabbing, or brief sexual contact. Any unwanted sexual touching is treated seriously under the law.

An invitation to sexual touching entails encouraging or inviting another person to engage in sexual activity, often with a minor. These cases can proceed quickly, especially when electronic evidence is involved.

Alleged victims may report incidents immediately or after a significant delay. Delays do not end a case but can raise issues regarding memory, context, missing evidence, and the nature of the relationship.

We defend clients facing a wide range of sexual assault allegations, including those involving intimate partners, dating app encounters, alcohol, prior relationships, disputed consent, historical allegations, and allegations involving minors.

Sexual Assault Causing Bodily Harm

Some allegations involve bodily harm, which increases the case’s seriousness and may affect sentencing. Assault causing bodily harm may be charged alongside sexual assault if injury, choking, restraint, or force is alleged.

Assault With a Weapon and Aggravated Sexual Assault

Assault with a weapon, sexual assault with a weapon, and aggravated sexual assault are among the most serious offences and may carry a maximum sentence of life imprisonment. Ultimately, the verdict is based on the evidence presented.

Penalties for sexual assault depend on the charge, case facts, personal circumstances, presence of violence, age of the complainant, prior record, and whether the case is by indictment or summary conviction. Some offences have minimum sentences and/or call for sex offender registration.

Early legal representation is essential. While sentencing is important, the main issue is whether the Crown can prove every element of the offence beyond a reasonable doubt.

Effective criminal defence is precise and focused. It examines overlooked evidence, questions assumptions, and identifies conflicts in the Crown’s case.

A defence may focus on consent, identity, mistaken belief, reliability, fabrication, motive, delay, digital data, or contradictions in testimony. An experienced lawyer will advise whether negotiation or trial is appropriate.

How We Help Defend Sexual Assault Charges

We know very well that confidentiality is important when hiring a sexual assault lawyer. If you are facing a sexual assault charge, seek legal advice before taking further action. Contact Wyman & Williamson to speak with a Calgary criminal defence lawyer today.

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Recent Case Results

Every case is unique. The following examples show how early preparation, thorough evidence review, and focused defence can impact the outcome of serious sexual assault allegations.

Sexual Assault Causing Bodily Harm: Charges Stayed

Our team defended a client charged with sexual assault causing bodily harm, sexual interference, invitation to sexual touching, and related offences. After reviewing evidence, preparing for trial, and challenging the Crown’s case, the prosecution was stayed.

Read the case result: Sexual Assault Causing Bodily Harm

Sexual Assault of Partner, Not Guilty

In this instance, the client was charged with sexual assault and choking after allegations involving a former partner. The defence challenged the evidence, excluded certain phone evidence, and the court ultimately accepted the client’s testimony.

Read the case result: Not-Guilty Verdict in Sexual Assault Case

Another Sexual Assault Case Resolved

This case involved another serious sexual assault matter handled by our team here at Wyman & Williamson, which was ultimately resolved in the client’s favour. A young man was charged with sexual assault, where the case depended heavily on the complainant’s version of events and whether the Crown could prove the allegation beyond a reasonable doubt.

Read the case result: Another Sexual Assault Case Gone

Child Sexual Assault and Sexual Interference Charges Withdrawn

We defended a client facing historical allegations of child sexual assault and sexual interference, after a complaint was made to the RCMP by his daughter. Jillian Williamson prepared the case for a preliminary inquiry, made strategic decisions around testimonial aids, and used inconsistencies in sworn evidence to help secure the complete withdrawal of the charges.

Read the case result: Child Sexual Assault

Common Sexual Assault Legal Questions

What should I do if I am facing sexual assault allegations?

Do not try to explain everything to police first. Ask to speak with a lawyer. Anything you say may become evidence.

What is consent to sexual activity?

It is a voluntary agreement to the specific sexual activity at the time it happens. Consent must be communicated by words or conduct.

What are the possible sexual assault penalties?

Penalties may include jail, probation, a criminal record, sex offender registration, weapons restrictions, and strict court orders. The result depends on the charge and the facts.

How can a criminal defence lawyer help?

A lawyer can protect your rights, review the evidence, challenge weak assumptions, prepare your defence, and stand between you and the system. When your future is on the line, that matters.