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Saskatoon Sexual Assault & Rape Lawyer

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Rape and Sexual Assault Charges

Are you facing a sexual assault charge or rape allegation? Don’t talk to the Police. Talk to a Lawyer. Call a Saskatoon Rape and Sex Assault defence lawyer now (306) 653-7777

Saskatoon Sexual Assault and Rape Defence Lawyers

Sexual assault charges involve some form of unwanted sexual touching and can range from something as minimal as a mere touch of an inappropriate touching, up to, and including, forced sexual intercourse without consent, commonly referred to as a rape.

A sexual assault or rape charge can be a serious indictable offence under the Criminal Code of Canada. It usually means an accusation against you that you forced another person to have sexual intercourse, anal sex, or other sexual contact involving even the slightest form of penetration, or touching, without the other person’s consent.

In Canada, sexual assault includes rape, sexual battery, sexual penetration, unwanted touching, statutory rape, having sex with a minor, or child sexual abuse, date rape, aggravated sexual assault, etc. All of these terms that non-lawyers will use, some which are more popular in America, are all caught by the sexual assault provisions of the Criminal Code of Canada. Discussed more fully below, you might be charged either by indictment (more serious) or with a summary offence (less serious).

Whether you have been already arrested or charged, or even if you have a feeling that you may be about to get arrested or contacted for questioning, you should speak with a Saskatoon rape and sexual assault lawyer right away.

An experienced and knowledgeable Saskatoon criminal defence lawyer will be able to assist you with all defences to a rape charge or sexual assault charge that may be possible for you.

What should I do if I am getting charged with sexual assault or rape?

It is sometimes more important to ask “what not to do” then what to do. Let us start with mistakes you can make and what not to do.

What should I not do?

Do not try to talk to the victim about the case or have any contact with the victim.

Do not talk to the police or other investigation agents without your lawyer present and agreeing that it is a good idea in advance. Whether you have been arrested and charged or not, it is always a mistake to speak to the police without consulting with a lawyer first. Even if you believe that evidence you will provide is going to prove that you are innocent of the alleged crime, tell that information to your lawyer, do not speak to the police.

Do not agree to being tested such as DNA testing whether prior to or following arrest.

What should I do?

First of all make a list of any possible witnesses. This might be anyone you think might have or be able to provide evidence or any other information about the alleged victim and the alleged sexual assault incident. Be sure to have the contact information of any potential witnesses and what you think they will be able to say.

Next, gather up and keep any and all records such as written emails, texts, telephone messages, photos, video recordings or other documentation that may relate to the case in any material way. If you were not even with the alleged victim at the time of the alleged incident then this can provide you with an alibi. GPS records, telephone records, and computer records, and so forth should all be preserved.

Next, it is advisable to gather up and keep any physical evidence you may have such as objects, videos, photos, clothing, etc which may relate to the alleged victim and/or the alleged incident.

Above all else, if you have been charged or think you are about to be charged with sexual assault or rape in Canada, you should hire a capable criminal defence lawyer as soon as possible. Share all of the material records and information with a criminal lawyer.

Saskatoon Sexual Assault Defence Lawyers

The key consideration is context and intention – did the person intend for the touching to be sexual?  Was there consent?  Was there a mistaken belief of consent?

According to the Criminal Code of Canada, at s. 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.

A sexual assault conviction is a serious matter.  You will be recognized as a sex offender.   Contact a competent Saskatoon criminal lawyer to mount a strong defence.

Our experienced defence lawyers focus on issues such as:

  • Challenging the credibility of the Crown’s witnesses.  Motivation to lie?
  • Challenging the physical evidence.  Is the sexual assault allegation supported by the evidence?
  • Challenging the admissibility of evidence.
  • Charter Applications.
  • Applications for Third Party documents (O’Connor applications).
  • Applications to raise questions regarding prior sexual conduct.

Actual rape, forced sexual intercourse without consent, is the most serious sexual assault crime in Canada. In Canada, there are not distinctions or “degrees” of rape. So called “date rape” is not distinct from say someone breaking into a person’s residence and raping someone.

There may be harsher penalties for aggravating circumstances, but be forewarned, if you have been charged with any kind of sexual assault it is a serious matter and you should speak to a criminal lawyer without further delay. If convicted you might expect jail time and registration as a sexual offender as likely possibilities.

Common defences to a sexual assault allegation include consent, and an honest but mistaken belief in consent.

If you are charged with sexual assault or another serious criminal charge, it is very important that you consider consulting a criminal defence lawyer right away.

Your rights and freedoms may be significantly compromised if you get convicted of the sexual assault charges and it is therefore highly advisable for you to have an experienced and competent criminal defence lawyer fighting for you, providing you legal advice, and protecting your legal rights and freedoms.

Choose Experienced Saskatoon Criminal Lawyers to Defend Your Rights!

If you have been contacted by the police about any kind of rape or sexual assault allegation, do not speak to them, do not give any statement, or “telling your side of the story”. You need to speak to a Saskatoon criminal lawyer right away. Do not even consider speaking to the police, that will be a huge mistake.

You may be searching the internet for the best Saskatoon criminal defence lawyer or the best Saskatoon rape defence lawyer or best Saskatoon sexual assault lawyer. There are many lawyers in Saskatoon and elsewhere across Saskatchewan who are very good at what they do.

It would be impossible for anyone to say that they are the very best Saskatoon criminal defence lawyer or best Saskatoon rape / sexual assault lawyer and you should be cautious if you speak to a lawyer and he professes to be “the best criminal defence lawyer in Saskatoon” or the “best rape lawyer or sexual assault lawyer in Saskatoon”.

You need to find good, competent, and experienced legal representation and it is always advisable that you should speak to more than one Saskatoon criminal lawyer before you decide on the one in whom you feel most comfortable and have the most trust.

Our Saskatoon criminal lawyers have successfully defended countless people who were accused of committing crimes. Let us work for you to help get a sexual assault or rape charge against you dismissed.

If you have been accused but not yet charged, you should still speak to us as we may be able to make the issue go away without formal charges ever being filed. Do not speak to anyone about it except a lawyer.

We repeat: Do not speak to the police or give any statements. If you are being accused of rape or any form of unwanted touching or sexual assault keep in mind that text messages you send or emails or other recordings may be used against you. Do not speak further to the alleged victim and do not write texts, emails, or call.

That being said, you may have text messages or emails or recordings that can help to defend you against false charges of sexual assault or rape. It is very important to preserve exculpatory text messages and provide them to your Saskatoon sexual assault defence lawyer.

Once you know that there is an allegation of sexual assault or rape, whether the police have become involved yet or not, say nothing further to anyone, especially the victim, speak to a lawyer, and be careful to preserve all evidence such as texts, recordings, emails, and provide all of this to your criminal lawyer to represent you. Let the lawyers decide what evidence to use.

It may be possible to succeed in having rape investigations ended and charges withdrawn directly by the crown prosecutor without the need for a criminal trial, if we can show them text messages which prove or raise a reasonable doubt that in fact the sexual contact was or may have been fully consensual.

To commit a rape you have to intend to do so. Consent may be assumed in some cases. You cannot commit a sexual assault where you reasonably believed there was consent.

If you are accused of rape in the Saskatoon, Saskatchewan area or elsewhere in Canada, we can help you to build up a strong defence to take on the police and prosecutors’ case against you.

What are Possible Consequences of Being Charged with Rape in Canada?

Charges are only allegations until proven in court. If you are convicted of the alleged crime that has been levelled against you through a sexual assault charge, specifically one involving rape you can fairly expect to be:

  • Imprisoned: In other words sentenced to time in a penitentiary. For extreme aggravated sexual assault you could potentially face a life sentence particularly if you have a prior criminal record.
  • Probation: You are likely to be placed on probation for a significant period of time, and
  • Sex Offender Registry: You will be registered on the Canada Sex Offender Registry which can have far reaching personal consequences as to where you may be able to live, work, and travel.

Additionally, if you are convicted of rape you can safely assume you may experience:

  • being sued civilly for monetary damages and compensation for the victim of the sexual assault or rape;
  • loss of your custody and/or access to your kids if any;
  • the loss of your employment;
  • the loss of your professional licenses if you are a member of any profession or guild, such as licenses to be a lawyer, doctor, nurse, physiotherapist, chiropractor, etc;

Simply the accusation of rape, even without being convicted, can result in social stigma and damage, particularly if there is media or publicity.

The stakes are so enormously high that you should never face a rape or sexual assault charge without being represented by experienced Saskatoon criminal defence rape lawyers.

When you hire a Saskatoon rape defence lawyers to represent you, our hardworking and capable team will get to work for you to build a case that supports your side in an effort to achieve a full dismissal or acquittal as this is our ultimate aim. Whether we get there will depend on the evidence and defence case we are able to build up. The kinds of things that your legal team will be working to prove are for instance:

  • Do you have an alibi?
  • Is there any convincing evidence (photographs, videos, text messages, DNA, fingerprints, etc) to show that the alleged sexual assault never occurred or that you are not the person who committed the alleged sexual assault?
  • Did the alleged victim in fact consent to the sexual act?
  • Did the alleged victim lie about what actually happened, and is there evidence to show this to be the case?
  • Did the alleged victim mistakenly identify the wrong person as the alleged perpetrator (mistakenly or deliberately out of spite for example)?

If you were already convicted of rape in Saskatchewan or elsewhere in Canada, our criminal defence team can assist you in filing an appeal against conviction.

You may have already been convicted and wish to look into removing your name from the Canada Sex Offender Registry. Our Saskatoon criminal defence lawyers can help to look into this for you.

It may be possible for our criminal lawyers to put together a comprehensive case that shows flaws or inconsistencies in the prosecution’s case and we can work to have your conviction overturned so that your name could be removed from the Canada Sex Offender Registry. Although this is a costly process and would need compelling evidence.

Call our experienced and compassionate criminal defence lawyers team for advice as to all of your legal rights as a charged criminal defendant, or if you feel you are about to be charged. We are able to competently represent you in any criminal proceedings and, if necessary, help you to determine whether or not to accept or negotiate a plea bargain or go to trial.

We will also be able to give you advice and recommendations about such matters as whether or not to give any information to the police or crown prosecutor, whether to voluntarily go for a DNA test, either prior to, during, or after you are arrested and/or charged with sexual assault of rape.

We can also give you information about the Canada Sex Offender Registry and how it could apply in your case.

Saskatoon Rape Lawyers and Saskatoon Sexual Assault Lawyers

If you have been charged with rape or any form of sexual assault in Saskatoon or elsewhere in Saskatchewan or Canada, you will want to have the kind of experience, resolve, and legal knowledge fighting for you that Merchant Law can provide. Call us now.

Merchant Law has law offices in Saskatchewan in Saskatoon, Regina, and Moose Jaw. Call, email, or visit us at: : 224 4th Ave S, in downtown Saskatoon for a no obligations consultation with one of our Saskatoon criminal lawyers.

We also serve the following nearby communities: Kindersley, Melfort, Tisdale, Prince Albert, Humboldt, Nipawin, North Battleford, La Ronge, Lloydminster, Canora, Esterhazy, Martensville, Warman, Rosetown, Outlook, Watrous, Dalmeny, Osler, Langham, Rosthern,  and Delisle.

How to Get in Touch

Don’t delay the decision to pick up the phone and speak to a Saskatoon rape lawyer or Saskatoon sexual assault lawyer. Even if you are not entirely sure what to do next, contact one of the Saskatoon criminal lawyers at Merchant Law to discuss your case ASAP with no obligations and completely confidentially.

Call us at 306-653-7777.

Fill out the form for an email response.

Or stop by our office and see us in person weekdays from 9am to 5pm at 224 4th Avenue South in Saskatoon.

We are in your corner!

Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.