Defending Sexual Assault Charges in Ottawa

Being charged with sexual assault in Ottawa is one of the most serious situations a person can face. A conviction can mean a permanent criminal record, time in jail, and registration as a sex offender, in addition to the damage to your reputation, career and relationships. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with sexual assault and related offences, and who protects your rights from the first contact with police through to trial.

Call 613-884-8576 for a free, confidential 30-minute consultation.

If the police want to speak with you about an allegation, you are not required to give a statement. The single most important step you can take is to exercise your right to silence and speak with a criminal defence lawyer before saying anything.

What Sexual Assault Means Under Canadian Law

Sexual assault is any non-consensual touching of a sexual nature. It is set out in section 271 of the Criminal Code of Canada and covers a wide range of conduct. A court decides whether contact was sexual by looking at all of the circumstances, including the part of the body touched, the situation, and any words or gestures that accompanied the contact. No injury is required for a charge to be laid, and the central issue in most cases is consent.

Levels of Sexual Assault Charges (Sections 271, 272 and 273)

Sexual assault is charged at different levels depending on the circumstances:

• Sexual assault (s. 271). The base offence. It is a hybrid offence, which means the Crown can proceed by summary conviction or by indictment.
• Sexual assault with a weapon, threats, or causing bodily harm (s. 272). A more serious charge carrying higher maximum penalties.
• Aggravated sexual assault (s. 273). The most serious level, where the complainant is wounded, maimed, disfigured or their life is endangered. It carries a maximum of life imprisonment.

Related offences are sometimes laid alongside or instead of sexual assault, including sexual interference (s. 151), invitation to sexual touching (s. 152), voyeurism (s. 162), and distribution of intimate images (s. 162.1). Where the complainant is under the age of 16, mandatory minimum penalties can apply.

How the Law Defines Consent

Under section 273.1, consent means the voluntary agreement to engage in the sexual activity in question. The law is strict about what consent is not. There is no consent where agreement is expressed by someone other than the complainant, where the person is unconscious or otherwise incapable of consenting, where consent is obtained through an abuse of trust, power or authority, or where the complainant expresses, by words or conduct, a lack of agreement or the withdrawal of agreement. Consent must also be present at the time of the activity and can be withdrawn at any point.

Honest but Mistaken Belief in Communicated Consent

One of the most common questions is whether a person can be acquitted because they believed the other person consented. This defence exists, but it is narrow. Under section 273.2, it is not available where the belief came from intoxication, recklessness or wilful blindness, or where the accused did not take reasonable steps, in the circumstances known to them at the time, to confirm that the other person was consenting. The belief must be in consent that was actually communicated by words or conduct, not assumed.

Penalties and Long-Term Consequences of a Conviction

The consequences of a sexual assault conviction go well beyond any sentence:

• A permanent criminal record
• Up to 10 years in prison for sexual assault under section 271, with higher maximums for sexual assault with a weapon or aggravated sexual assault, up to life imprisonment
• Mandatory minimum penalties where the complainant is under the age of 16
• Registration under the federal Sex Offender Information Registration Act (SOIRA) and Ontario’s registry under Christopher’s Law
• A mandatory DNA order and a weapons prohibition under sections 109 or 110
• In some cases, an order under section 161 limiting where you can go or work, and lasting effects on employment, travel and family life

Defences to a Sexual Assault Charge

Every case turns on its facts, but issues that frequently arise include:

• Consent. Whether the Crown can prove beyond a reasonable doubt that there was no voluntary agreement.
• Honest but mistaken belief in communicated consent, within the limits set by section 273.2.
• Credibility and reliability. Testing inconsistencies and gaps in the accounts and other evidence.
• Charter applications. Where your rights were breached during the investigation, evidence may be challenged or excluded.
• Identity or alibi, where you say it was not you.

The Criminal Code also contains important protections that shape how these cases are run, including the section 276 rules that limit evidence about a complainant’s other sexual activity, and the rules governing private records. A careful defence works within these rules to test the Crown’s case fairly and thoroughly.

The Sexual Assault Court Process in Ottawa

Most cases follow a similar path: arrest and release or a bail hearing, disclosure of the Crown’s evidence, one or more judicial pre-trials to narrow the issues, and then a preliminary inquiry or trial. Sexual assault matters in Ottawa are handled at the courthouse at 161 Elgin Street, and proceedings can be conducted in English or French. Understanding where your case sits in this process helps you make informed decisions at each step.

How Brett McGarry Defends Sexual Assault Charges

The evidence has to be tested. Brett McGarry reviews the entire prosecution file, including complainant statements, police notes, and any electronic or forensic evidence, and examines the reliability of the allegations closely and respectfully.

• Full case review of every statement and piece of disclosure to find inconsistencies and gaps.
• Careful cross-examination at the preliminary inquiry and trial, conducted in a rigorous but professional way.
• Charter applications where your rights were breached.
• Thorough trial preparation, including preparing you to testify where that assists your defence, while keeping you informed throughout.

Why Work With Brett McGarry

Sexual assault cases are sensitive and demanding, and they call for a defence that is both thorough and respectful. Brett McGarry focuses on criminal defence, knows the Ottawa courts, and takes the time to explain your options and answer your questions. When your record and your future are on the line, dedicated representation matters. See the Track Record for examples of recent results.

Areas We Serve Across Ottawa

Brett McGarry defends sexual assault charges for clients throughout Ottawa, from Centretown and the Glebe to Kanata, Nepean, Orléans and Barrhaven. These cases are heard at the Ottawa courthouse on Elgin Street, and we assist clients in English and French. Because of the sensitivity involved, discreet and prompt advice is important wherever in the city you are located.

Sexual Assault FAQ

What should I do if the police want to interview me about a sexual assault allegation?

Do not give a statement. You have the right to remain silent and the right to speak with a lawyer. Politely decline to answer questions and call a criminal defence lawyer first.

What is the difference between sexual assault, sexual assault with a weapon, and aggravated sexual assault?

They are different levels of the same offence. Sexual assault is charged under section 271. Section 272 applies where a weapon, threats or bodily harm are involved, and section 273 applies to aggravated sexual assault, which carries the highest penalties.

How does Canadian law define consent?

Consent is the voluntary agreement to the activity at the time it takes place. There is no consent where the person is incapable of agreeing, where agreement is obtained through an abuse of trust or authority, or where the person withdraws agreement.

Can I be acquitted if I honestly believed the other person consented?

Possibly, but the defence is limited. It is not available if the belief came from intoxication, recklessness or wilful blindness, or if you did not take reasonable steps to confirm consent. The belief must be in consent that was actually communicated.

Will I be placed on a sex offender registry if convicted?

In most cases a sexual assault conviction leads to registration under the federal SOIRA scheme and Ontario’s registry under Christopher’s Law, along with a DNA order. This is one of the strongest reasons to get advice before making any decisions.

What happens if I have been falsely accused?

False or mistaken allegations do happen. A careful defence tests the reliability and credibility of the account, gathers supporting evidence such as messages, and challenges the Crown’s case at trial. Speak to a lawyer before responding to the allegation.

How much does an Ottawa sexual assault lawyer cost?

Brett McGarry offers a free 30-minute consultation to review your case and explain your options and likely costs, so you can make an informed decision with no obligation.

Free, Confidential Consultation

If you have been charged with sexual assault in Ottawa, do not wait and do not speak to the police before getting advice. Contact Brett McGarry for a free, confidential consultation. Call 613-884-8576 or contact us online.

For more questions about sexual assault charges in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Ontario and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.