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In Canada, sexual assault can include various kinds of activities. What they all have in common is that they are sexual in nature, such as grabbing, kissing, and fondling, as well as intercourse.
It should be noted that sexual actions on their own are not illegal. What classifies them as sexual assault comes down to consent.
If someone does not provide consent to actions that are sexual in nature, that is sexual assault. The Criminal Code says that there is no consent if:
In addition, no one can legally consent to sexual activity in the future, at such time they will be unconscious, or will suffer bodily harm, such as serious bruises or broken bones. Toronto sexual assault lawyer Michael Juskey represents clients charged with sexual offences in the Ontario Court of Justice and Superior Court of Justice.
Before you do or say anything, reach out to Toronto Sexual Assault lawyer Michael Juskey. This will give you the greatest chance of keeping your quality of life.
Your first conversation with Michael with be a no charge strategy session. You will learn how the legal system works, your responsibilities, and what options may be available to you.
Once you retain Michael as your lawyer, he becomes your partner, confidant, and of course legal representative. He will get to know you as a person – your personal and professional life, your relationships, your history, and your beliefs.
Michael is available to you always available to answer any questions, provide updates, or just to hear your concerns. You will never be passed off to a junior associate or assistant. Michael’s conviction in your recollection of events is what he builds his defence on.
With extensive experience representing individuals in the Ontario Court of Justice and Superior Court of Justice, Michael understands how to navigate the legal system to give you the best outcome possible.
While sexual assault charges are serious, they must be proven in court for you to be found guilty. Even if you did touch the complainant in a sexual way, proving guilt rests heavily on the basis of consent.
Some of the most common defences to sexual assault are:
Toronto Sexual Assault lawyer Michael Juskey has successfully represented hundreds of individuals with many seeing all charges dropped. He has done this by being working with his clients to attain a clear description of the events as they occurred.
Being convicted of sexual assault carries a lot of repercussions. Jail time can typically range from several months months to 10 years depending on how the prosecution wants to approach things. Considerations can include the type of assault (was there groping or full intercourse), any criminal record, or the form of assault, such as bodily harm. In addition, you face the humiliation of being listed on a provincial and national database of sex offenders for at least 10 years and be subjected to strict police supervision for an extended period after conviction.
There are generally two areas that are the part of a successful defense for sexual assault. The first is based on the concept that no sexual activity took place. There was no groping, grabbing, intercourse, or any other activity that would classify as sexual assault. The second is the issue of consent. As in that consent was given, or you mistakenly believed there was consent.
You may be found not guilty of sexual assault even if there was no explicit consent given. This can be a grey area and the court has very strict guidelines. Words and actions between you and the complainant are all considered. However, it should be noted that a lack of words or actions, such as silence or passivity do not count as consent.
The Sex Offenders Registry is a national database that tracks and monitors those who have been convicted of sexual offences. The Sex Offenders Registry is not accessible to the public and the names and addresses of those on the registry are not made public. The Registry is used by police and other organizations to track sex offenders and investigate sexual offences.
Those who are on the Sex Offenders Registry are required by law to “check in” every year and provide the police with updated information including their address, current employer or school, and any vehicle information.
Being listed in the Sex Offender Registry can last between 10 years to life, depending on the circumstances.
James Beeksma2024-02-23Unfortunately high conflict divorce and parental alienation can lead to false criminal allegations to weaponize in family court. I never, in my wildest dreams, thought I would ever be in a position like this. Mike communicates with an influential presence, fought hard for me, gave me confidence he always had my back, was patient with my stressful emotions and got everything withdrawn without a trial. It was a difficult process and experience. I hope to never have to call on him again, but if you are starting your journey, he is the lawyer you want in your corner. Thank you Mike!Karan Randhawa2024-02-21I'm so glad I reached out to Michael to help me with my case. I was initially very nervous and frightened given the nature of the accusations against me but Michael very patiently and clearly explained the legal process to me. He is an eloquent, straight-forward and thorough professional with an impeccable understanding of the way the law is applied. He was always available to answer any of the questions I had during the process. His combination of compassion, understanding and professionalism is very rare to find. With the charges dropped and justice truly delivered, I'm very grateful indeed to have chosen him to represent me.Salman Khan2024-02-20I had the pleasure of working with Mr. Juskey on a recent legal matter. He handled my case with professionalism, expertise, and a deep understanding of the law. He kept me informed throughout the process, answered all my questions promptly, and achieved a favorable outcome. Thank you, Mr. Juskey, for your dedication to resolving my case efficiently.ammar hashim2023-12-22highly recommend Michael if you every find yourself needing a criminal lawyer. He was professional, knowledgeable, He is step by step with me till the end, never never let me down, he was there when i had a questions or concern during the process. Had 5 Criminal charges (3x physical abuse and 2x sexual abuse) All charges been withdrawn with no criminal records left, had a great experience with a lawyer of his word. Thank you very much Michael and wishing more and more success. God bless you.. A.HMousavi Fatemeh2023-12-22Michael is very helpful, compassionate, intelligent, confident and eloquent. He is really sophisticated. Great knowledge and he knows exactly what to do in order to take care of the cases that are brought to him. He is very well experienced and knowledgeable.Nate Smith2023-12-19Professional and caring counsel, a dedicated and hard working lawyer, and an excellent person all around!Scarz2023-12-18I highly recommend Michael if you every find yourself needing a criminal lawyer with the best outcome. Michael handled everything professionally and is knowledgeable on his work. I’m grateful for his help. Thank youRose M2023-12-15Michael is very smart and supportive. He is very well spoken and patient. He is a confident expert22023-11-30Unhappy, quoted price higher than average.
