Robichaud's Criminal Lawyers: (416) 999-8389|info@robichaudlaw.ca
Sexual Assault Lawyer2018-05-13T11:41:55+00:00

Experienced sexual assault lawyers for Toronto, York Region, Peel, and throughout Ontario.

Robichaud’s criminal defence law firm has extensive experience in defending sexual assault, sexual interference, and sexual related offences throughout Ontario. Lead Counsel of the firm, Sean Robichaud is a Certified Specialist in criminal law who has focused even further in the area of sexual offences. As of late, this focus is amplified further by the uptick in complaints arising out of the #MeToo movement and many high profile sexual assault cases such as Jian Ghomeshi, Harvey Weinstein, Bill Cosby, and countless others.

Our law firm has a very comprehensive understanding of these recent trends in sexual assault allegations, police investigations in sexual criminal charges, and the law in sexual assault. Our sexual assault lawyers are well equipped and knowledgable in how to properly defend sexual related cases.

In an age where trendy hashtags of #MeToo and #BelieveHer dominate media, and the presumption of innocence is under relentless attacks, you need lawyers in your corner who are willing to stand up and protect you in the face of any odds or controversy; we are those lawyers.

Examples of past cases in sexual assault by our lawyers:

It is very easy to say that one is experienced, but until a lawyer or firm has a proven experience of delivering verdict of “not guilty” or withdraws of sexual offences, those words are empty.  Below you find some some of the past cases our lawyers and firm has been responsible for: (expend each case by the [+] button)

Charges: Trial on charges of sexual assault, and sexual interference. Allegations: A friend of family was alleged to have touched a young person while staying the evening after a party in the residence. Implausibilities in complainant’s evidence demonstrated to jury. Client testifies in his defence asserting his innocence.

Result: Client is found not guilty of all charges after a contested jury trial.

Charges: Sexual Assault, Aggravated Sexual Assault, Gang Sexual Assault, Kidnapping, Forcible Confinement, Human Trafficking, Sexual Assault with a Weapon, etc.

Allegations: Woman is assaulted, intimidated, and kidnapped in lieu of a debt owed by her boyfriend. When she is taken back to to a residence is Mississauga, she is sexually assaulted, tortured, confined in a closet overnight, and sexually assaulted the following day with forced fellatio and intercourse. During the course of the sexual assault, she is threatened to be forced into prostitution. Woman is released from the premises and attends hospital with injuries. Hospital then reports the incident to police who then obtain evidence that included, but not limited to: DNA, photographs, corroborating physical evidence (shoelaces, descriptions of residence, etc.). Canada wide warrants are executed and four individuals arrested including “A.R.” During the course of the proceedings, it was alleged that Mr. A.R. (represented by Sean Robichaud) is alleged to have been present during the entire first day/night but not to have engaged in any of the threats, sexual assaults, or kidnapping but charged and ordered to stand trial regardless. Complainant agrees with his passive role in cross-examination.

Result: A.R. is found NOT GUILTY on all counts and dismissed unconditionally at trial. The remaining accused parties are found guilty on all counts with the exception of two.

Charges: Rape (historical sections of Criminal Code): An historical complaint is made against a stepfather that D.B. had repeatedly raped the complainant between the ages of 14-18. It was further alleged that these sexual assaulted resulted in a pregnancy and a cover up by D.B. and his wife, the mother of the complainant, at the time. Several inconsistencies and implausibilities in evidence demonstrated to jury. Client testified in his defence asserting his innocence.

Results: Jury acquitted Mr. D.B. of all charges.

Charges: Sexual Assault x2: A complaint is made against ex-husband, I.P, that he sexually assaulted the Complainant, his ex-wife. Defence counsel provided the Crown with substantial information that affected the Complainant’s credibility.

Results: Crown Attorney withdrew all charges stating it was not in the interests of justice to proceed with the allegations.

Charges: Sexual Assault: All parties were drinking at a New Years Eve Party. The Complainant became intoxicated and unconscious. The Complainant’s partner and L.H. placed the Complainant in L.H.’s bed due to her intoxicated state. The Complainant became ill, thus her partner and L.H. cleaned up both the Complainant and the area where she became ill. The next morning the Complainant alleges L.H. sexually assaulted her in her sleep. DNA analysis was completed on the Complainant’s underwear and tested positive for L.H.’s DNA. Client testified at trial asserting his innocence and that he never engaged in any sexual activity with the complainant. Weaknesses in DNA demonstrated to jury as well as other possible explanations for the deposit of DNA evidence in her underpants.

Results: Jury acquitted Mr. L.H. of all charges.

Charges: Sexual Interference, Sexual Assault: historical allegations of sexual touching at a Toronto area daycare. Client testified in his defence asserting his innocence and that the allegations made against him were implausible and false. Judge left in reasonable doubt.

Result: Not guilty on all charges after a contested trial involving child witness testimony.

Charges: Sexual Assault, Invitation to Sexual Touching, etc. Allegations: a track coach was alleged to have sexually assaulted an athlete while she was between the ages of 15 to 17 years old and while training a a particular facility. It was alleged that during the course of their relationship, Mr. X would approach her in private areas and make suggestive comments, fondle her, and subsequently make arrangements for them to have sexual intercourse. The matter was highly contested and proceeded to a preliminary hearing where the cross-examination of the complainant revealed numerous inconsistencies and flat out contradictions with factual matters.

On the day of the trial, all charges against Mr. X were withdrawn at the request of the Crown.

Charges: Sexual Assault, Anal Intercourse, etc. Allegations: While working as a public representative for a Crown corporation, it was alleged that W.C. met the complainant and made arrangements to go on a date with her. When they ultimately met up, W.C. was alleged to have taken her back to his apartment and forced himself upon her and engaged in full intercourse, including anal intercourse.

Result: All charges withdrawn.

Charges: Sexual Assault, Invitation to Sexual Touching, etc. Allegations: O.A. was alleged to have been a resident of a where the 6 year old complainant and her family lived. It was alleged that when the mother of the young person left for work in the evenings, Mr. A. would lure the young person to his basement apartment and on several occasions forced sexual intercourse upon her. On a separate occasion it was alleged that Mr. A. confronted the complainant at her mother’s birthday party when she was 10 years old and forced her into a bedroom to have intercourse with her.

Result: After cross-examination at the preliminary hearing, several problems were discovered with the complainant’s version of events. The charges were stayed as a result.

Charges: Sexual Assault. Allegations: Complainant and accused alleged to have drank heavily and then attended his residence. At the residence, complainant alleges that accused forces herself upon her and engages in full intercourse without her consent.

Results: All charges withdrawn by the Crown Attorney at the preliminary hearing stage.

Charges: Sexual Assault. Allegations: Accused was alleged to have had non-consensual intercourse with complainant at her home during a casual evening. The complainant alleged K.C. was a friend who came over to smoke drugs and watch television. After the consumption of the marijuana, K.C. made sexual advances that were brushed off by the complainant. K.C. was alleged to have persisted and at one point explicitly stated he was going to rape her. Client testified in his defence and asserted that he was innocent of the allegations.

Results: Jury Acquits accused on all counts.

Charges: Sexual Assault. Allegations: That the accused, aged 31, had sexual intercourse with his 17 year old baby sitter against her will. At trial, the accused testified that they did indeed have sex, but the act was consensual.

Results: Jury acquitted Mr. M.

Charges: Sexual Assault. Allegations: The accused was the step brother of the complainant. She alleged that while they were living in the same home, he would force sexual intercourse upon her on numerous occasions. The sexual acts continued for several years before she reported it to the police.

Results: Charges Dismissed.

DISCLAIMER: Every criminal case is unique and every case has it’s own challenges.  Past acquittals, withdrawals, or other favourable results our lawyers have achieved for our clients in allegations of sexual assault or sexual interference does not mean the same result can be obtained for present or future clients.  We look at each case with it’s own unique characteristics and fashion our approach on the individual, not the crime itself.

sexual assault lawyer

Robichaud’s expertise of sexual assault in the news:

Sean Robichaud is routinely asked to comment by national and local news on criminal law matters.  Read various commentary on sexual related offences and perspectives:

If found guilty, Mr. Ghomeshi could face severe consequences. Under section 246 (a) of the Criminal Code of Canada choking someone with the intent to commit a crime, including sexual assault, carries a maximum punishment of life in prison.“This would be true even if the sexual act, in that instance, did not take place,”

Toronto defence lawyer Sean Robichaud wrote in an email. “What is important under this particular section is the choking and the reasons for doing it, regardless of whether the act actually took place.”

Read more here.

Section 246 of the Canadian Criminal Code is for “Overcoming resistance to commission of offence,” which says that it is a crime “to enable or assist himself or another person to commit an indictable offence” by “attempts, by any means, to choke, suffocate or strangle another person” and make them “unconscious or incapable of resistance.”

“Essentially, it’s an offence to choke someone with an intention to assist themselves in committing an indictable offence,” lawyer Sean Robichaud told the Post in an email.

“Therefore, it seems that it’s alleged that Mr. Ghomeshi either did, or attempt to choke someone for the purpose of overcoming consent to a sexual act or acts.”

Read more here.

“Today’s letters: Once accused of a sex crime, most people never recover:”

Re: Acquitted By The Courts, Con­­vic­ted By Google, Jonathan Kay, Nov. 13.

I practise exclusively in criminal defence law and of that, I would say about 40% of my cases are sexual in nature. All too often people’s reputations are destroyed on the drop of a press release, with no regard for correcting that once an individual is acquitted. A very large majority of my cases have resulted in withdrawals or acquittals, but none of those individuals have ever been able to restore their lives to what it was before.

What is more troubling is that this attitude is reinforced by the system itself. Every police force I have dealt with refuses to destroy a person’s record and fingerprints, even after an acquittal. To make matters worse, they will then go on to disclose that information to anyone who requests a certain type of police check (i.e. a “vulnerable persons’ screening,” used before hiring gym coaches or paramedics). The police will argue that they will indicate the charge was “withdrawn” or “acquitted.”

However, an employer will undoubtedly ask why the police would even disclose such information unless it had merit or there was something more to it. Any way you look at it, being charged with a sexual assault will ruin your life, unless you run your own business doing roofing or fixing small motors.

It is a very unsympathetic and unfair world for those who have been wrongfully accused and I don’t see the courts stepping in anytime soon to do anything about.

I am in the process of bringing such a case through the system right now and I can only hope that my client does not run out of money in funding this huge undertaking in challenging police policies of this nature, and that the Court of Appeal will ultimately say that these practices infringe an individual’s rights on several levels.

Anyway, great column. And my advice to anyone is to keep the door of your office open, and never coach children’s sports or babysit.
Sean Robichaud, Toronto.

Read more here. 

“If you conflate the notion of incivility with uncompromising and effective defence strategies – then you can easily invalidate and change the range of permissible advocacy. And what’s the point of that?” he says.

To Robichaud, some of the greatest accomplishments in the struggle for human rights have been marred by disruption of far greater sins than incivility.

If anything he says, civility is simply a desired, but not necessary means to achieve justice.

“Civility should not and can not usurp the very goal of the advocate to pursue what is right, what is just.”

Listen to the interview here. 

Prove your innocence against false sexual assault allegations.

When a person is charged with sexual related offences, the world may seem like it is closing and all is lost. We understand that. Our lawyers routinely, and successfully defend people charged with sexual assault, sexual interference, sexual exploitation, historical “rape” (pre-Criminal Code amendments), and other sexual offences.

We understand our clients.
We understand what is at stake.
We understand sexual criminal charges.
We understand what it takes to defend them.

Call us to schedule an initial consultation at (416) 999-8389 or by filling out our consultation form. For our client’s convenience, we have offices located in Toronto, Newmarket, Peel, and London. We extend our services throughout all of Ontario to assist our clients.

Take the first step.

Defend yourself. Defend your reputation.

Speak to a lawyer now.

Contact us: (416) 999-8389.

Our lawyers’ articles and posts on the law of sexual assault in Canada.

2016Tuesday, February 16,

In defence of the Crown: the case of Ghomeshi.

In defence of the Crown: the case of Ghomeshi. The Ghomeshi case has come to end. Aside from the presiding judge, no one can be sure what verdicts lie ahead for him. Notwithstanding, this hasn't [...]