Toronto Sexual Assault Lawyers
Serious Accusations
Call For a
Serious Response.
In a post #metoo world, sexual assault charges have been become more common and more challenging to defend than ever.
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If you've been charged with sexual assault, you can't afford an inferior defence. Trust a legal team with a track record for smart, tough advocacy to get you the best result.
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Allegations, Meet Your Match.
Sex crimes cut to the core of one's reputation. The stigma is hard to shake. The stakes are as high as they come. ​
Over the last twenty years, major cultural headwinds have totally transformed the way sex crimes are investigated, tried and decided by Canada's courts. As a result, sexual assault charges are both more common, and more difficult to defend than ever before. The rules are changing fast.
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Ontarians facing sexual assault allegations can't afford a second rate defence. That's why my law firm's energies are devoted to the defence of domestic violence allegations. Free from distractions, our clients can be sure that their legal team is at the top of their game, and one step ahead of the opposition.
Shaffie Law has an exceptional track record of defeating false allegations of sexual assault.​ We look forward to discussing your defence next.
Shayan Shaffie, Counsel
Shayan Shaffie, Sexual Assault Lawyer
Member of the Law Society of Ontario
Member of the Criminal Lawyer's Association of Ontario
University of Toronto, Juris Doctor, B.A. Hons.
Ontario Sexual Assault Charges At a Glance
​Shaffie Law is proud to provide the Canadian public with reliable, cost-free legal information about sexual assault cases in Ontario.
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Before reading about our sexual assault lawyers' approach to these life-changing cases, take a moment to browse our growing library of materials.
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If you need legal support, call us today: 647-500-5186.
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Defending Sexual Assault Charges
The New Legal Landscape.
Over the past two decades sexual assault charges have occupied a central place in public discourse. Powerful movements like #MeToo and #TimesUp have drawn attention to entrenched cultures of misogyny, harassment, and abuse—especially in the upper echelons of business, politics and media.
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In Canada this cultural reckoning has led to sweeping reforms in how the justice system investigates and prosecutes allegations of sexual violence. Today, victims are treated with more seriousness by police and afforded stronger legal protections by the courts than ever before.
The pendulum has swung. Through major overhauls to Criminal Code, Canadian law has shifted away from its traditional emphasis on the rights of the accused toward a model that balances those rights with the privacy, dignity and participation of complainants. Today, complainants are, in many respects, co-equal participants in the courtroom process. In an unprecedented development, they now even have standing to retain legal counsel and challenge the admissibility of defence evidence -- a remarkable departure from long-standing legal norms.
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Meanwhile, the Supreme Court of Canada and the Ontario Court of Appeal have issued decisions that tighten restrictions on cross-examination, expand victim protections, and forcefully reject what they view as outdated or prejudicial defence tactics in sexual assault trials.
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At the same time, prosecutorial discretion has been significantly narrowed. Crown Attorneys are now directed to prosecute all sexual assault cases vigorously, and are prohibited from withdrawing or reducing charges in all but the rarest cases.
The result is a fast-evolving legal landscape -- one in which sexual assault charges are laid more frequently, prosecuted more aggressively and result in convictions more often than in decades past. In this environment, lawyers unfamiliar with the terrain risk falling behind. Clients cannot afford an inferior defence.
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Toronto Sexual Assault Lawyers
What it Takes to Win.
Mounting an effective defence to a sexual assault charge takes more than legal know-how or a passing familiarity with Canada's sexual assault laws. In the office it takes time, intense focus, and the energy clients deserve to properly understand the rich backstories leading to a charge. In the courtroom, it demands fearlessness, emotional intelligence, and the litigation experience needed to navigate a complex legal system with an eye fixed firmly on results.
Shaffie Law is a boutique criminal defence firm specializing in intimate partner violence offences. We are proud of our tremendous track record of success in sexual assault cases, including a long history of charges dropped before trial.
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We represent clients selectively. Ours is not a volume law firm - we reject churn in favour of building meaningful relationships with the people who entrust us with their future. By delivering focused, strategic defence solutions, we prioritize results and protect what matters most: our clients' liberty, livelihood and reputations.
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Our sexual assault lawyers work closely with our clients, scrutinizing every line of disclosure and staying current with the rapid legal developments that continue to reshape sexual assault cases in Canada. We combine legal precision with dynamic courtroom advocacy. Led by former Assistant Crown Attorney Shayan Shaffie, we recognize that sexual assault cases ​often revolve around complex interpersonal dynamics -- not just the facts. To leverage those dynamics, we invest the time our clients deserve, approaching each case with discretion, empathy and a singular focus on achieving the best possible outcome.
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Shayan Shaffie has seen how sexual assault case are built -- and how they fall apart. At Shaffie Law, our clients receive direct access to counsel, clarity at every stage of the process, and a defence strategy designed for one thing: winning in court and protecting your future.
​What to Do if You’ve been Charged with Sexual Assault
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Despite the dramatic shift in Canada’s sexual assault laws, it is still possible to mount a strong and effective defence against sexual assault charges.
Success begins with securing early representation by an experienced sexual assault lawyer, followed by the development of a litigation strategy tailored to the unique facts of your case.
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If you are facing an allegation — or suspect that a complaint may be made — it is essential to consult a Toronto sexual assault lawyer as soon as possible. No two cases are alike. Allegations vary widely in their nature, context, and evidentiary makeup. As a result, general legal advice is rarely sufficient. What’s needed is a dynamic, case-specific approach that responds directly to the narrative presented by the complainant and the evidence gathered by police.
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At Shaffie Law, we begin preparing for litigation from the moment we are retained. In many cases, early legal intervention can be the key to preserving vital evidence — text messages, emails, social media records, CCTV footage, or potential witnesses — before it disappears or is lost to time. A seasoned sexual assault lawyer can also help you avoid common, often costly, missteps made by individuals prior to a formal police report.
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Early decisions matter. From how you respond to police, to how you manage your digital footprint — everything you say or do after an allegation can impact the strength of your defence. Legal guidance at this stage is not just helpful; it’s critical.​​
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The Law of Sexual Assault
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What is a Sexual Assault?
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In Canada, sexual assault refers to any form of unwanted touching of a sexual nature. This includes a wide range of conduct — from groping and fondling to acts involving penetration. The key element is the absence of consent.
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The Most Common Charge: Section 271 of the Criminal Code
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Most sexual assault prosecutions in Ontario are laid under section 271 of the Criminal Code — the general offence of sexual assault. More aggravated forms, such as those involving weapons or bodily harm, fall under sections 272 or 273.
To secure a conviction under s.271, the Crown must prove each of the following elements beyond a reasonable doubt:
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The intentional application of force to the complainant
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The absence of consent from the complainant
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Knowledge, recklessness or wilful blindness that the complainant was not consenting; and
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That the touching was of a sexual nature
If the judge or jury has a reasonable doubt about any of these elements, they must acquit the accused. That said, the law of sexual assault is complex. Each of these elements has been shaped by decades of case law and is subject to ongoing evolution by Canadian courts.
Below, we examine some of these elements in more detail.
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The Legal Elements of Sexual Assault (s.271)
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The Intentional Application of Force
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The force involved in a sexual assault need not be violent or aggressive. Even a gentle or indirect touch — such as rubbing, groping, or touching through clothing or with an object — may be sufficient. What matters is that the contact was intentional, not accidental or involuntary.
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The Complainant was not Consenting
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Consent lies at the heart of almost every sexual assault prosecution. Legally, consent must be:
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Voluntary
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Ongoing
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Communicated through words or conduct
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Crucially, the law looks only at the complainant’s state of mind. If the judge or jury is satisfied that the complainant did not subjectively agree to the physical contact, this element is met.
Consent must be voluntary. It cannot be the result of threats, coercion, fraud, or the abuse of a position of trust or authority by the accused toward the complainant. In other words, it is not a defence that the complainant “consented” if the consent was a result of oppressive circumstances.
Again, to decide this element of the crime the judge or jury will look at the totality of the evidence in relation to the complainant’s state of mind only. If the judge or jury believes that the complainant was not consenting to the force or activity in question, they will move on to the next element of the analysis.
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Knowledge that there was No Consent
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To be convicted, the accused must have known that the complainant was not consenting — or been reckless or willfully blind to that fact.
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Canadian law recognizes a narrow defence where the accused had an honest but mistaken belief in consent. However, for this defence to apply, two conditions must be met:
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The belief must be both honest and reasonable
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The accused must have taken reasonable steps to confirm consent in the moment
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Silence, passivity, or ambiguous behaviour do not amount to consent. These principles are codified in s.273.2 of the Criminal Code and have been reaffirmed by the Supreme Court of Canada, notably in R. v. Barton, 2019 SCC 33.
The "Sexual" Nature of the Force
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Not all intentional, non-consensual touching amounts to sexual assault. The contact must also be objectively sexual in nature.
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Courts will assess whether the touching would be viewed by a reasonable observer as violating the complainant’s sexual integrity. To determine this, the judge or jury considers:
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The part of the body touched
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The context in which it occurred
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The relationship between the parties
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Any words, gestures, or surrounding circumstances that may indicate sexual purpose​​
The Legal Process in Sexual Assault Cases
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Being charged with sexual assault can feel overwhelming — and with good reason. These cases move through a complex and often lengthy legal process that can stretch over many months, or even years, before resolution.
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At Shaffie Law, we believe in giving our clients clarity at every stage. While no two cases are alike, most sexual assault prosecutions in Ontario follow a similar structure — from arrest and bail, to pre-trial motions and, in some cases, a contested trial before judge or jury.
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We cover the full process in detail in our blog article: Sexual Assault Charges in Ontario: The Complete Legal Process Explained. That article offers a step-by-step breakdown of what to expect, including realistic timelines and key decision points.
What follows here is a high-level overview of the major stages involved in most sexual assault cases — and the strategic opportunities available at each step to protect your rights and strengthen your defence.
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Key Stages in a Sexual Assault Case
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Investigation and Arrest
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Most cases begin with a police investigation. If the police believe there are reasonable grounds, they will lay a charge — often without prior warning. You may be arrested at home, work, or asked to attend a station. It is imperative to contact a sexual assault lawyer immediately if you have been contacted by police in relation to an ongoing investigation.
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Bail Hearing or Release from the Station
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Following arrest, the police will either release you from the station or hold you for a bail hearing. A bail hearing is a formal court proceeding used to determine whether you can be released pending trial, and under what conditions. In sexual assault cases, strict no-contact and residency conditions are common, even in cases where the victim wants to reconcile.
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First Appearance, Disclosure and Case Review
Once released, you will be provided with a date to attend court. Your first court appearance is not a trial: it is the beginning of a legal process that will take months or even years to resolve. If you have not already done so, we recommend consulting with a skilled sexual assault lawyer prior to your first appearance in order to begin laying the groundwork for your defence.
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Normally, your sexual assault lawyer will receive the Crown’s disclosure near in time to the first appearance. Disclosure refers to the package of evidence gathered by police and provided to the Crown, including police reports, witness statements, and other materials forming the case against you. You will have an opportunity to review this material in formulating a defence strategy with your sexual assault lawyer.
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The Pre-Trial Phase of Your Case (usually 3-8 months)
During the next several months you will work with your sexual assault lawyer to understand the evidence, identify missing disclosure and develop a strategy for how to respond to the case. At a time determined by your lawyer, they will conduct meetings with the Crown. These are called Crown pre-trials. If necessary, these meetings may be followed by further discussions between your lawyer, the Crown and a Judge - known as judicial pre-trials.
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Although increasingly rare, some sexual assault cases will resolve here, during the pre-trial phase of the case. This can include resolutions for a lesser charge, a withdrawal of the allegation or a peace bond. In rare cases your lawyer may recommend a plea to the sexual assault as charged, in exchange for a significant benefit on sentencing.
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The Trial and Pre-Trial Motions Phase (usually 14-30 months)
If no resolution is reached, your case will proceed to trial — either before a judge or a judge and jury. Most sexual assault trials involve significant credibility assessments and are shaped by the skill of counsel in cross-examination and legal argument.
Understanding the Sex Offender Registry (SOIRA)
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Who is Placed on the Sex Offender Registry?
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In Canada, individuals convicted of certain sexual offences may be subject to a Sex Offender Information Registration Act (SOIRA) order, requiring them to report regularly to police and keep their personal information up to date.
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SOIRA orders are typically imposed at the time of sentencing and carry serious long-term consequences — affecting privacy, mobility, and even employment.
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Mandatory SOIRA Orders
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Under the Criminal Code, SOIRA orders are mandatory for most offences of a sexual nature, known as “designated offences” (see s.490.011 of the Criminal Code). These offences include (but are not limited to):
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Sexual assault (s.271)
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Sexual interference (s.151)
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Invitation to sexual touching (s.152)
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Luring a child (s.172.1)
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Sexual exploitation (s.153)
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Human trafficking for sexual purposes
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The facts of the case do not matter for a mandatory SOIRA order — only whether the offence itself is designated. Even first-time offenders and those convicted of relatively minor conduct can be placed on the registry.
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Limited Judicial Discretion for Some Offenders
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Following recent legal changes, judges now have limited discretion to decline to impose a SOIRA order in cases where certain criteria are met. Under the revised section 490.012(3), when sentencing an individual for a designated offence, the court is generally required to issue a SOIRA order. However, the court may exercise discretion and choose not to impose the order if the offender can demonstrate that:​
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There is no connection between making the order and the purpose of assisting police in preventing or investigating crimes of a sexual nature; or​
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The impact of the order on the offender's privacy or liberty would be grossly disproportionate to the public interest in protecting society through effective prevention or investigation of such crimes.​
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As this is an exceptional request, working closely with a sexual assault lawyer is imperative to increasing the chances of success. In making the order, the court must consider a number of factors including:​
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The nature and seriousness of the offence;
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The age and personal characteristics of the victim;
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The relationship between the offender and the victim;​
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The offender's personal characteristics, circumstances, and criminal history; and​
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Any expert opinions regarding the offender.
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These amendments aim to balance public safety with the constitutional rights of individuals, ensuring that SOIRA orders are applied in a manner that is both effective and just.​​
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Discretionary SOIRA Orders
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In some cases, SOIRA orders can also be imposed for non-designated offences — but only if the Crown applies and proves that the offence was committed with a sexual purpose.
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A person convicted of voyeurism could receive a SOIRA order if the Crown demonstrates the offence was committed with the intent to commit a sexual assault.
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These orders are less common due to the additional evidentiary burden placed on the prosecution.
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How Long Does a SOIRA Order Last?
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The length of a SOIRA order depends on the seriousness of the offence:
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10 years – for summary conviction offences or hybrid offences punishable by a maximum of 5 years
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20 years – for offences punishable by 10 or 14 years
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Lifetime – for offences punishable by life imprisonment, or if the individual is convicted of more than one designated offence
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In Ontario, individuals must also comply with separate reporting rules under Christopher’s Law, which may impose additional obligations.
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Can a SOIRA Order Be Terminated?
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Yes — under certain circumstances.
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A person subject to a SOIRA order may apply for early termination after 10, 20, or 25 years, depending on the length of the order. The court may grant the application if it finds that continuing the order would be grossly disproportionate to the public interest in ongoing compliance.
These applications require careful preparation and persuasive evidence.
A History of Success.
Frequently Asked Questions.
Q. Does Shaffie Law accept Legal Aid for sexual assault cases?
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Due to the level of time and attention we commit to our clients' cases, we do not accept Legal Aid.
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Q. How much experience does Shayan Shaffie have defending domestic charges?
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Shayan studied at Canada's top law school and started his career prosecuting domestic cases as an Assistant Crown Attorney. In 2014, after growing disillusioned with the carceral system, he established Shaffie Law. He brought his experience as a Crown to bear and, over time, discovered that he had developed an exceptional success rate defending intimate partner violence cases.
In 2020 Shayan moved to specialize his law firm's core area of practise into just three areas: domestic violence, sexual assault, and youth criminal justice. Among those, domestic violence is the Shaffie Law's core specialty.
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For over a decade, Shayan Shaffie has represented hundreds of defendants, witnesses and complainants in domestic assault cases.
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Q. What does it cost to defend a sexual assault case?
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We bundle essential legal services together for convenient, surprise-free, block-fee billing. This means you'll know exactly what services you'll be receiving for a set price agreed upon in advance. We also offer flexible payment options, so you won't have to worry about how and when legal fees are paid.
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Shaffie Law is proud of its of client-centric billing model, which lets clients focus on building back their regular lives. ​
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Get in Touch.
To talk to a Toronto sexual assault lawyer, fill out the simple form below or call us 24/7 at (647) 500 5186.
For individuals facing criminal charges, Shaffie Law is pleased to offer free, no-obligation consultations by telephone or over Zoom.
* Use of the contact form is subject to Shaffie Law's terms of service and privacy policy. Please do not send us confidential details about your case until we have established a lawyer-client relationship. Use of this card does not establish a lawyer-client relationship.
Visit Shaffie Law.
Shaffie Law Professional Corporation
65 Front St. East. Suite 300
Toronto, Ontario M5E 1B5
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Office: (647) 500 5186
Fax: (416) 649 6634
Email: info@shaffielaw.ca
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Get in Touch.
To talk to a criminal lawyer, fill out the simple form below or call us 24/7 at (647) 500 5186.
Shaffie Law is pleased to offer free, no-obligation consultations by telephone or over Zoom.
* Use of the contact form is subject to Shaffie Law's terms of service and privacy policy. Please do not send us confidential details about your case until we have established a lawyer-client relationship. Use of this card does not establish a lawyer-client relationship.
Visit Shaffie Law.
Shaffie Law Professional Corporation
65 Front St. East. Suite 300
Toronto, Ontario M5E 1B5
​
Office: (647) 500 5186
Fax: (416) 649 6634
Email: info@shaffielaw.ca
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