Sexual Assault Lawyers in Calgary

If you are facing sexual assault charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Sexual assault is a serious crime in Canada that occurs when someone touches another person in a sexual way without their consent. Sexual assault can include unwanted sexual touching, kissing, or other sexual acts done without permission.

In Canadian law, sexual assault is called a “hybrid offence.”

This means that prosecutors can choose to treat it as either a summary offence (less serious) or an indictable offence (more serious). The choice usually depends on how severe the assault was and other factors in the case.

When treated as a summary offence, a person found guilty of sexual assault can face up to two years in jail and a fine of up to $5,000. If prosecuted as an indictable offence, the punishment can be up to 10 years in prison, with no limit on potential fines.

The Criminal Code also includes two more serious types of sexual assault. Sexual assault with a weapon and aggravated sexual assault causing bodily harm. Both of these offences carry heavier penalties, including the possibility of life imprisonment.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of sexual assault beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Calgary sexual assault lawyer today by calling (403) 719-6410.

Our Sexual Assault Lawyers

Michael Oykhman

Greg Janzen

Elena Ryland

Joseph Beller

Key Takeaways

  • Sexual assault is a serious crime in Canada, treated severely by courts and police
  • Punishment can include up to 10 years in prison if prosecuted as an indictable offence, or 2 years if treated as a summary offence
  • Common bail conditions include:
    • No contact with the complainant
    • Staying away from specific places
    • Restrictions on alcohol/drug use
    • Regular check-ins with police
  • While these charges are serious, they can be successfully defended with:
    • Strong legal representation
    • Proper evidence gathering
    • Witness testimony
  • The Crown must prove guilt beyond reasonable doubt, and many cases are won by the defence when evidence is weak or inconsistent.
  • It is important to contact Strategic Criminal Defence right away if charged with sexual assault

Our Successful Sexual Assault Cases

Case Number: 75700182

Our client was charged with violently confining a woman in her apartment and sexually assaulting her.

Elena Ryland and her second chair, Laura Bobyn, provided a vigorous defence of the client in a weeklong jury trial in Lethbridge, Alberta. In preparation for trial, they identified numerous inconsistencies between the complainant’s multiple statements, as well as inconsistencies between the medical records and the complainant’s description of the assault. During trial, these inconsistencies were exposed through thorough cross-examination of the complainant. Counsel also utilized the evidence of the Crown prosecutor’s other witnesses to expose additional frailties in the Crown prosecutor’s case. Our client testified that the sexual contact between him and the complainant was consensual, and there was no violence or confinement of the complainant. All 12 jury members returned a quick verdict of not guilty on both counts. As a result, our client was acquitted on both charges.

Successful result: Acquitted at trial

Case Number: 55632364

Our client was charged with sexual assault in relation to an incident that occurred on in BC. The RCMP were called by the complainant who alleged our client had sexually assaulted her in a small cabin located in a remote area. Because our client lived in Alberta and RCMP were unable to contact him, a warrant in the first instance was applied for in BC and extended to Alberta. Three years later, police arrested our client on the outstanding warrant, which our client knew nothing about. We immediately got to work to ensure our client would be released on the least onerous bail conditions possible. While the Bail Crown sought a 6-day hold in order to transfer our client back to BC, we were able to successfully work with the Crown to ensure our client was released within 24 hours and remain in Alberta.

Once our client was released, we requested disclosure and began building our client’s defence. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statements to police and text messages she had sent before and after the alleged sexual assault. The complainant initially told police she had never had a sexual relationship with our client. But the text messages confirmed that she had a lengthy ongoing consensual sexual relationship with him. This lie to police cast doubt over everything else she said. Our client pled not guilty, and we set the matter for trial. Prior to the trial, we alerted the Crown Prosecutor to the text message records. Due to the delay in bringing the case to trial, and the problems with the complainants credibility, the Crown Prosecutor decided not to proceed with the case. As a result, the charges against our client were stayed before trial.

Successful Result: Charges Stayed; No Criminal Record.

Case Number: 311023

Our client was arrested and charged with sexual assault of a minor and sexual interference of a child under 16. Our client was charged after his stepson told his mother and the police about an incident that had recently occurred between himself and his stepdad. The complainant alleged that our client had the child touch him sexually, and it was further alleged that there was at least one instance where our client had sexual intercourse with his stepson. Our client maintained his innocence in the face of these allegations, so we set the matter to be tried before a jury.

While preparing for the trial, we did a thorough review of the complainant’s statement and found areas of potential inconsistency. We meticulously reviewed our client’s disclosure found a number of inconsistencies in the complainant’s statement. We also issued multiple disclosure requests that allowed us to discover new evidence that was not even known to the Crown. Prior to our client’s trial, we also conducted a successful, full-day hearing where we vigorously argued for access to the complainant’s medical records. The medical records that we obtained as a result of this hearing contained a medical assessment that was performed on the complainant after the allegation of sexual assault. These records showed that contrary to the complainant’s claims, there was absolutely no physical or medical evidence to support the allegation that our client had sexually assaulted his stepson. As a result of our efforts, the Crown ceased their prosecution and our client walked away from the charges with no criminal record.

Successful Result: Charges Stayed, No Criminal Record

Case Number: 75700182

Our client was charged with violently confining a woman in her apartment and sexually assaulting her.

Elena Ryland and her second chair, Laura Bobyn, provided a vigorous defence of the client in a weeklong jury trial in Lethbridge, Alberta. In preparation for trial, they identified numerous inconsistencies between the complainant’s multiple statements, as well as inconsistencies between the medical records and the complainant’s description of the assault. During trial, these inconsistencies were exposed through thorough cross-examination of the complainant. Counsel also utilized the evidence of the Crown prosecutor’s other witnesses to expose additional frailties in the Crown prosecutor’s case. Our client testified that the sexual contact between him and the complainant was consensual, and there was no violence or confinement of the complainant. All 12 jury members returned a quick verdict of not guilty on both counts. As a result, our client was acquitted on both charges.

Successful result: Acquitted at trial

Case Number: 77710234

Our client was charged with sexually assaulting his stepdaughter and inciting her to perform oral sex on him. The complainant (our client’s stepdaughter) reported our client to police approximately 8 years’ after the alleged events occurred.

Upon being retained, we identified numerous inconsistencies and issues with the reliability of the complainant’s initial statement to police. We conducted a preliminary inquiry, where we further explored these inconsistencies and points of unreliability. At trial, we used the complainant’s previous statement to police and her testimony at the preliminary inquiry to expose these inconsistencies. Our client testified and denied the allegations entirely. At the conclusion of the trial, the Trial Judge found that our client was believable and, in any event, the complainant’s version of events was not credible or reliable. As a result, our client was acquitted on both charges.

Successful Result: Acquitted at Trial; No Criminal Record

Case Number: 55632364

Our client was charged with sexual assault in relation to an incident that occurred on in BC. The RCMP were called by the complainant who alleged our client had sexually assaulted her in a small cabin located in a remote area. Because our client lived in Alberta and RCMP were unable to contact him, a warrant in the first instance was applied for in BC and extended to Alberta. Three years later, police arrested our client on the outstanding warrant, which our client knew nothing about. We immediately got to work to ensure our client would be released on the least onerous bail conditions possible. While the Bail Crown sought a 6-day hold in order to transfer our client back to BC, we were able to successfully work with the Crown to ensure our client was released within 24 hours and remain in Alberta.

Once our client was released, we requested disclosure and began building our client’s defence. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statements to police and text messages she had sent before and after the alleged sexual assault. The complainant initially told police she had never had a sexual relationship with our client. But the text messages confirmed that she had a lengthy ongoing consensual sexual relationship with him. This lie to police cast doubt over everything else she said. Our client pled not guilty, and we set the matter for trial. Prior to the trial, we alerted the Crown Prosecutor to the text message records. Due to the delay in bringing the case to trial, and the problems with the complainants credibility, the Crown Prosecutor decided not to proceed with the case. As a result, the charges against our client were stayed before trial.

Successful Result: Charges Stayed; No Criminal Record.

How can a sexual assault lawyer in Calgary help?

The criminal defence lawyers at Strategic Criminal Defence provide crucial assistance in navigating a sexual assault charge. Our team can provide essential protection and guidance from the earliest stages of an investigation.

Even before charges are filed, our lawyers can offer crucial pre-charge legal advice and help an accused avoid self-incrimination during police questioning. This early intervention is often critical in sexual assault cases, where initial statements can significantly impact the outcome.

Your lawyer can also gather and analyze important evidence specific to sexual assault cases, including text messages, social media communications, and surveillance footage. They can also bring in expert witnesses, such as medical professionals or forensic specialists, to challenge the prosecution’s evidence and strengthen a defence.

Throughout the court process, our team can handle all communications with police and prosecutors, ensuring your rights are protected. Our lawyers will guide you through complex legal procedures, develop defence strategies unique to sexual assault cases, and provide strong representation during trial. Our team’s experience in sexual assault law can make the difference between conviction and acquittal while protecting both an accused’s legal rights and reputation.

Calgary Sexual Assault Lawyers

Sexual Assault Charge in the Criminal Code of Canada

271 Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Examples of Sexual Assault Charges

Here are some examples of what can lead to sexual assault charges in Calgary:

  • A person sexually touches someone at a party without their permission. Even if the touching happened over clothing, this can still be considered sexual assault. The charge could be more serious if alcohol was used to take advantage of the person.
  • Someone forces unwanted kissing or sexual touching on their date, even after the other person has said “no” or pushed them away. This is sexual assault because there was no consent.
  • A person threatens or pressures someone into sexual activity by saying they will share private photos or spread rumours if they do not comply. This could be charged as sexual assault with additional charges for the threats.

Consequences of a Sexual Assault Charge

Sexual assault charges carry serious legal consequences in Canada, where the offence is classified as a hybrid offence. This means the Crown prosecutor can choose to proceed either by indictment for more serious cases or by summary conviction for less severe cases.

When prosecuted by indictment, sexual assault can result in a maximum prison sentence of 10 years. However, if the victim is under 16 years old, the maximum sentence increases to 14 years imprisonment with a mandatory minimum sentence of one year. For summary conviction cases, offenders face up to 18 months in jail.

Financial penalties can also accompany sexual assault convictions. The courts can impose substantial fines based on the severity of the offence and the offender’s circumstances. These fines can reach into the thousands of dollars and are often combined with jail time rather than given as a standalone punishment.

Beyond the immediate legal penalties, a sexual assault conviction has lasting consequences. Convicted individuals must register with the National Sex Offender Registry for a minimum of 10 years, and in some cases, for life. This registration restricts where they can live and work, particularly regarding proximity to schools and other places where children gather.

The criminal record created by a sexual assault conviction can severely impact future employment opportunities. Some employers conduct background checks, and a sexual assault conviction can make it difficult to find work, especially in fields involving vulnerable populations. The stigma and limitations associated with this conviction often follow individuals long after they have completed their official sentence.

Calgary Sexual Assault Lawyers

Sexual Assault Charge Defences

When facing sexual assault charges, defendants have several possible legal defences available to them. Each defence must be carefully considered based on the specific circumstances of the case, and it is essential to work with an experienced criminal defence lawyer on our team to determine the most appropriate strategy.

Here are some possible defences to sexual assault charges:

  • Consent: The most commonly used defence in sexual assault cases is that the alleged victim consented to the sexual activity. For this defence to be valid, the accused must prove they had a reasonable belief that consent was given through clear words or actions. However, consent must have been active and ongoing throughout the encounter. It is important to note that consent cannot be given if the person was incapacitated by alcohol or drugs, unconscious, or under the age of consent.
  • Honest but Mistaken Belief in Consent: This defence argues that while consent may not have actually been present, the accused genuinely and reasonably believed consent existed. To use this defence, the accused must show they took clear steps to verify consent and had reasonable grounds to believe consent was given. The belief must have been both honest and reasonable under the circumstances. The accused must also prove there were no circumstances that would have invalidated consent, such as intoxication or positions of authority.
  • Identity: The identity defence challenges the prosecution’s claim that the accused is the person who committed the assault. This might involve providing an alibi, questioning eyewitness identification, or challenging DNA evidence. The defence must demonstrate that either the victim made a mistake in identifying their attacker, or that there are serious doubts about the reliability of the identification evidence.
  • No Sexual Activity Occurred: This defence argues that while there may have been contact between the parties, it did not constitute sexual activity as defined by law. The defence must show that any contact was either non-sexual in nature or occurred in circumstances that would reasonably be considered non-sexual, such as medical examination or accidental contact.

Sexual Assault Charge Investigation

Police officers conduct detailed interviews with the victim, gathering specific information about the incident, including the location, time, and description of the attacker. They will also collect any available evidence such as clothing, bedding, or electronic communications. Investigators may photograph the crime scene and collect additional forensic evidence like fingerprints or security camera footage.

Witnesses who may have seen or heard anything related to the assault will be interviewed. If the accused is identified, investigators will question them and may obtain search warrants for their property or electronic devices.

Bail Conditions for Sexual Assault Charges 

Sexual assault bail conditions are typically very strict due to the serious nature of the offence and concerns for public safety. When someone charged with sexual assault is granted bail, they must follow specific rules to remain out of custody while awaiting trial.

Common bail conditions for sexual assault charges often include no contact orders, which strictly prohibit the accused from communicating with the alleged victim either directly or indirectly, including through social media or third parties. The accused must also maintain a significant physical distance from the victim’s home, workplace, and other regular locations.

Geographic restrictions are usually imposed, requiring the accused to stay within certain boundaries or away from specific areas, particularly where the alleged victim frequently visits. In cases involving minors, the accused is typically forbidden from being near schools, parks, or other places where children gather.

The court may also require the accused to:

  • Live at a specific address and notify police of any changes
  • Follow a curfew
  • Avoid alcohol and drugs
  • Report regularly to police or a bail supervisor
  • Attend counseling or treatment programs

Breaking any bail conditions can result in immediate arrest and return to custody, plus additional criminal charges.

Frequently Asked Questions Sexual Assault

What should I do immediately if I am charged with sexual assault?

Your first step should be to contact our Strategic Criminal Defence team immediately and avoid discussing the allegations with anyone else, including police, friends, or on social media. Anything you say can be used against you in court. Do not attempt to contact the complainant. Gather and preserve any evidence that might help your case, such as text messages, emails, or social media interactions, but only share these with our lawyers.

Will I go to jail while waiting for my trial?

Not necessarily.

After being charged, you will have a bail hearing where a judge decides if you can be released while awaiting trial. Your release often depends on factors like your criminal history, community ties, and the specific circumstances of the alleged offence. If granted bail, you will need to follow strict conditions, which might include curfews, no-contact orders, and regular check-ins with police. Having a strong bail plan and a reliable surety (someone who supervises you) increases your chances of release. 

Can I still work while facing sexual assault charges?

This depends on several factors, including your bail conditions and type of employment.

Some employers conduct regular background checks and may suspend or terminate employment upon learning of charges. If your job requires travel, this might be restricted by bail conditions. Our team can help request bail conditions that allow you to continue working while ensuring public safety.

Will everyone know about my charges? 

While court proceedings are generally public, there are ways to manage privacy. Media typically only report on high-profile cases or those involving public figures. However, be aware that court documents are public records. In some cases, publication bans may protect certain details, especially if minors are involved. Our team can advise on managing privacy concerns while complying with legal requirements.

What happens if I am found guilty?

A guilty verdict in a sexual assault case carries significant consequences. The severity of the sentence depends on factors like the nature of the offence, your criminal history, and whether the case proceeded by summary conviction or indictment. Consequences typically include possible jail time, fines, mandatory registration as a sex offender, and a permanent criminal record. Our lawyers at Strategic Criminal Defence can explain potential outcomes and may be able to negotiate a plea agreement or advocate for a more lenient sentence based on your circumstances.

Related Offences

  • Child luring: Child luring is the criminal use of telecommunication to entice a known minor for the purpose of facilitating the commission of certain offences, including sexual assault. See section 172.1 of the Canadian Criminal Code.
  • Child pornography: Section 163.1 of the Criminal Code gives a comprehensive clarification of child pornography, to imagery, textual content, audio or videos showing individuals under 18 in explicit sexual acts or displaying their sexual organs or anal region for a sexual purpose.
  • Sexual interference charge: It is a sexual offence against anyone who touches another person under the age of consent (16 years) for a sexual purpose. See section 151 of the Criminal Code.
  • Voyeurism: Voyeurism refers to the act of surreptitiously observing others (either mechanically or electronically) typically in circumstances that give rise to a reasonable expectation of privacy, eg: while they are undressing, engaging in sexual activity, or participating in private activities. See section 162 (1) Criminal Code.

Client Reviews

Fantastic defence team! Mateya Selders was puntual at every instance. She skillfully guided me through my case from its dreadful start to successful finish. Combined with her legal know-how, experienced team, and exceptional service; she has made an otherwise tragic turn of events into a memorable hinderence.

5 stars can’t even come close to convey my gratitude. Thank you Mateya and the Strategic Criminal Defence team!

G.C.

I wanted to thank Michael and his team for being outstanding and providing the best customer service. Thank you for winning my case. I really appreciate it. We all make mistakes and learn from them. Thank you again Michael. Highly recommended! Best lawyer in Alberta and Calgary!!

E.G.

I can’t thank enough to Joseph Beller. I got into a funny situation charged by CPS. This is a horrible place to be in, anyone who needs help should reach out ASAP.

He was very professional, calm, made the case go very smooth, good communication, answered my questions. Reliable! He cares about his clients, I trusted him 100%.

Charges have been withdrawn within a few months. 100% recommend him and his team to anyone in need! I wish more lawyers would be like him!

C.R.

Had my first criminal offence and unfortunately ended up with assault charges after drinking too much. Greg took the time to review the evidence and noted that there was actually no assault on one of the allegations! He was so patient with me and dealt with my fear and anxiety amazingly, answering my million questions all hours of the day. It took forever, due to delay from prosecution, but I ended up with a resolution of a peace bond that was acceptable while also allowing me to deal with the consequences of my actions. I hope to never be in a position to see Greg again, however, I highly recommend him and his team for these tough situations!

M.E.
I recently found myself assisting my elderly father with an urgent legal situation while from out of province. Attorney Greg Janzen went above and beyond from A-Z. He walked us through every step seamlessly. Resulting in a better than expected outcome. You can count on Greg Janzen!

R.E.
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