CRIMINAL DEFENCE LAWYERS
Trusted Sexual Assault Lawyers in Toronto & the GTA
Choosing the right sexual assault lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.
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Facing a Sexual Assault Charge in Toronto? We Can Help.
Facing an allegation of sexual assault is one of the most serious and emotionally charged situations a person can experience, with potentially lifelong consequences for your freedom, career, and reputation. Dalraj Bains is a trusted Toronto sexual assault lawyer who approaches these cases with discretion, diligence, and a clear focus on protecting your legal rights.
Sexual assault charges are complex and often rely heavily on credibility, interpretation of events, and procedural fairness. Dalraj Bains carefully analyzes every aspect of the investigation, including how evidence was gathered, whether proper procedures were followed, and whether your Charter rights were respected. He provides steady, non-judgmental guidance at every stage of the process, from initial police contact through trial or resolution.
Serving clients throughout Toronto and the GTA, Dalraj Bains is committed to building a strong, strategic defence aimed at safeguarding your future and ensuring your side of the story is fully and fairly heard.
How a Sexual Assault Charge Can Affect You?
- Criminal Penalties – Sexual assault convictions can lead to significant prison sentences depending on the severity of the allegations.
- Sex Offender Registry – Many convictions require mandatory registration, which can affect your personal and professional life.
- Reputation and Relationships – Allegations alone can harm your reputation, making early legal representation critical.
What to Do If You’ve Been Accused
If you find yourself under investigation or charged with a sexual offence in Toronto:
- Exercise your right to remain silent — You are not required to provide a statement to police without your lawyer present.
- Contact a sexual assault defence lawyer immediately — Early involvement can help preserve evidence and shape a strong defence strategy.
- Understand the bail and pre-trial process — Your lawyer can help secure your release and represent you at hearings without unnecessary stress.
Types of Assault Charges We Defend
Section 265 of the Criminal Code of Canada provides the definition for assault. Under Section 265(1) of
the Criminal Code of Canada, a person commits an assault when they: a) Intentionally apply force to
another person, either directly or indirectly, without their consent; b) attempt or threaten, by an act or
gesture, to apply force to another person, causing them to reasonably believe that the accused has the
present ability to carry out the threat and; c) openly and intentionally accost or impede another person, or
beg, while openly carrying a weapon or an imitation of a weapon.
- Intentional Act: The accused must have intentionally applied force, attempted to apply force, or threatened to apply force. The force can be minimal and does not need to cause injury.
- Consent: The victim must not have consented to the application of force or the threat. Consent is invalid if obtained through coercion, abuse of authority, or if the victim is incapable of consenting.
- Objective Perception: In cases of attempted or threatened assault, the complainant must have reasonably believed the accused had the ability to carry out the threat.
- Context: For assaults involving accosting or impeding, the act must be intentional and done in a way that interferes with the complainant’s freedom of movement.
- Section 265(1)(a): By intentionally applying force to another person without their consent;
- Section 265(1)(b): By attempting or threatening, through an act or gesture, to apply force, causing the person to believe on reasonable grounds that the accused has the ability to carry out the threat.
- Assault: The accused intentionally applied force to the victim without their consent, or the accused attempted or threatened to apply force, causing the victim to reasonably believe the threat could be carried out.
- Bodily Harm: The assault resulted in bodily harm, meaning an injury that is more than minor or temporary.
- Causation: The bodily harm was directly caused by the accused’s actions during the assault.
- Intent: The accused intended to apply force or threatened/attempted to apply force. However, they do not necessarily need to have intended to cause bodily harm; it is sufficient that the harm resulted from their intentional act.
- Assault: The accused intentionally applied force, attempted to apply force, or threatened to apply force to the victim without their consent.
- Use of a Weapon: The accused carried, used, or threatened to use a weapon or something resembling a weapon during the assault.
- Intent: The accused had the intent to commit the assault and to use or threaten the use of the weapon.
- Consent: The victim did not consent to the application of force.
- Assault: Referencing Section 265 of the Criminal Code of Canada, the accused intentionally applied force to the complainant without their consent, or threatened/attempted to apply force in a way that caused the complainant to believe such force was imminent.
- Severe Harm: The assault resulted in one or more of the following outcomes:
- (i) Wounding: Causing a break in the skin that is more than minor or superficial.
- (ii) Maiming: Causing an injury that permanently impairs or disables a part of the body.
- (iii) Disfiguring: Causing a permanent alteration to the complainant’s appearance.
- (vi) Endangering Life: Creating a situation where the complainant’s life is at risk.
- Intent: The accused must have intended to apply force or threaten it. The Crown need not to demonstrate that the accused intended to wound, maim, disfigure the complainant in the commission of the offence. Instead, the Crown must establish the accused had an “objective foresight of bodily harm.”
- Arrest and Bail: In domestic assault cases, police may arrest the accused and hold the accused for bail. The police may further impose conditions upon release, such as no-contact orders with the victim or restrictions on returning to the shared residence.
- Victim Support: Ontario Courts and police work with Victim Services to provide support, including safety planning, counselling, and referrals to shelters.
- Court Process: Domestic assault cases may be prosecuted as summary or indictable offences, depending on severity. Specialized domestic violence courts exist in some Ontario jurisdictions to handle these cases with a focus on victim safety and offender accountability.
- Aggravating Factors: Courts may consider the domestic context as an aggravating factor during sentencing.
- The Act of Uttering or Conveying a Threat: The accused must have made a statement or performed an act that constitutes a threat. The threat can be communicated in any form. The threat must be clear and intentional, though it does not need to be carried out or even intended to be carried out.
- Content of the Threat: The threat must fall within one of the categories listed in Section 264.1(1) of the Criminal Code of Canada: causing death or bodily harm, damaging property, or harming an animal. Bodily harm refers to any physical or psychological harm that interferes with a person’s health or comfort and is more than trivial or transient.
- Knowledge and Intent: The accused must have knowingly uttered or conveyed the threat, meaning they were aware of the words or actions used. The Crown does not need to prove that the accused intended to carry out the threat, only that they intended the words or actions to be taken as a threat. The test is whether a reasonable person in the circumstances would perceive the statement or action as a threat.
- Receipt of the Threat: The threat must have been conveyed to someone, either the intended recipient or a third party, or caused someone to receive it. It is not necessary for the recipient to feel threatened; the focus is on whether the accused’s words or actions constituted a threat.
Toronto Assault FAQs
Under the Criminal Code of Canada, assault generally means intentionally applying force to another person without their consent, or threatening to apply force. It can involve direct contact like hitting or pushing, or a threat that makes someone fear imminent harm.
Assault charges vary depending on severity and circumstances:
- Simple Assault – basic contact or threat without serious injury.
- Assault Causing Bodily Harm – the victim suffers more than minor injury (e.g., bruising, cuts).
- Assault with a Weapon – involves a weapon or object used to threaten or harm.
- Aggravated Assault – causes serious injury, disfigurement, or endangers life.
Each type carries different legal consequences and procedures.
Yes. You can be criminally charged even if the other person wasn’t severely harmed — simple threats, non-consensual contact, or actions that make someone fear violence can meet the legal definition of assault.
Penalties depend on the level of offence and whether the Crown proceeds by summary conviction or indictment:
- Simple Assault – up to 5 years in prison (indictable).
- Assault Causing Bodily Harm / With Weapon – up to 10 years’ imprisonment.
- Aggravated Assault – up to 14 years’ imprisonment.
Courts may also impose fines, probation, community service, or other conditions. A conviction results in a criminal record with long-term consequences.
If police arrest you:
- You will be informed of your rights, including the right to remain silent and to a lawyer.
- You may be released with conditions or held for a bail hearing.
- Your first court appearance will set the stage for disclosure, lawyer representation, and future proceedings.
Police and Crown prosecutors may also impose bail conditions, such as no contact with the alleged victim or restricted movement.
Once charges are laid, the decision to proceed is made by the Crown Prosecutor, not the alleged victim. That means even if the other person says they “don’t want to press charges,” the case can still go forward.
Common defences in assault cases include:
- Self-defence – using reasonable force to protect yourself or another.
- Consent – if the force was consensual (outside situations where consent can’t legally apply).
- Lack of intent – actions were accidental or without the required criminal state of mind.
Every case is different, and the best defence depends on the specific facts.
Yes. A conviction can have lasting impacts, including:
- Difficulty finding employment
- Travel restrictions or visa refusals
- Challenges with professional licensing
- Immigration consequences for non-citizens
Assault law is complex, and early legal guidance can make a significant difference. A skilled lawyer can:
- Review the Crown’s evidence and identify weaknesses.
- Advise you on the best defence strategies.
- Represent you at bail hearings and in court.
- Negotiate reduced charges or alternative resolutions.
Having legal support helps protect your rights and future at every stage of the process.
Criminal Law Practice Areas
Our Criminal & Regulatory Law team is committed to defending your rights and guiding you through complex legal challenges. Whether you’re facing criminal charges or navigating regulatory investigations, we provide strategic, results-driven representation to protect your interests and reputation.
Why Choose Our Firm
Relentless Advocacy
Every case starts with a plan. We work closely with you to understand your situation and develop a clear strategy aimed at achieving the outcome you deserve. With our legal expertise and your insight, we’ll build a strong path forward—together.
Proven Experience
With extensive experience in criminal and regulatory law, we handle cases ranging from minor infractions to serious allegations. Our deep knowledge of the legal system and courtroom strategies sets us apart.
Client-Oriented Approach
You are more than a case to us. We listen to your story, answer your questions, and keep you informed every step of the way, ensuring you feel supported and empowered.
Personalized Strategies
No two cases are alike. We craft customized defence plans based on the unique circumstances of your situation, whether it’s negotiating for resolution or preparing for trial.
Accessible and Responsive
Legal challenges don’t wait, and neither do we. Our team is available to provide guidance and support when you need it most, offering clear communication and prompt responses.
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Choosing the right lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.
We serve Toronto, Brampton, Mississauga, Vaughan and the Entire GTA. We speak English and Hindi.