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Our Experience

Charges of sexual assault can include allegations of sexual interference. We frequently handle allegations of sexual assault that have been advanced which are false and used for other motives against the accused. This may include family members, co-workers or ex-lovers. The Firm has also been retained to handled allegations of sexual assault before charges have been laid.

In 2025, the Firm defended a client charged with numerous child sexual offences including luring a child, make available sexual material to a child, possession of child pornography, accessing child pornography, sexual interference, sexual assault, and invitation to sexual touching in R. v. V.D. [2025]. The client was charged after engaging in an inappropriate relationship that involved exchanging inappropriate messages and media content and culminated in a physical encounter. The client was in a position of trust and authority over the complainant at the time they met, which the Crown cited as an aggravating factor in the case. The parents of the complainant reported the matter to police after discovering the relationship. The Firm carefully reviewed the disclosure evidence, uncovering issues with the Crown’s case. The Firm also employed risk malmanagement strategies before successfully securing the withdrawal of six of the charges against the client.

In 2021, the Firm represented an individual charged with one count of sexual assault and two counts of assault in R. v. Y.F. [2021], after allegedly sexually assaulting and choking the complainant. Text message evidence was tendered, and experts were hired by both the Crown and Defence. After two years of litigation and 7 days of trial the accused was acquitted of sexual assault and assault at trial.

In 2021, Donich Law defended a client who allegedly inappropriately touched a friend without consent and was charged with sexual assault in R. v. D.P. [2021]. After a psychological assessment of the accused that raised concerns of underlying mental health issues, the Firm was able to add context to the alleged assault and the Crown agreed to withdraw the charge.

In January 2020, the Firm secured an acquittal related to sexual assault and forcible confinement in Toronto in its R. v. M.Z. [2020]. The accused owned several restaurants in Toronto and was alleged to have sexually assaulted an employee in his office. After a year of litigation, the Firm managed to prove at trial the complainant was not telling the truth during cross-examination, and all charges were dismissed.

The following week in January 2020, the Firm secured a further acquittal of sexual assault in Toronto in its R. v. K.H. [2020]. The accused was a successful businessman from the United States visiting Toronto and was alleged to have sexually assaulted the complainant in a hotel. The matter still proceeded with both parties residing outside the country for a year.

In August 2017, after 3 years of litigation in its R. v. M.M. [2017], the Firm secured a withdrawal of a historical sexual interference and sexual assault from and allegation in 1977 when the complainant was 5 years old, the allegation was made nearly 40 years later.

In its R. v. W.C. [2017], it defended a dated allegation of incest from the complainant’s father from the 1980s. The charge was ultimately withdrawn after approximately 2 years of litigation. Defending historical allegations of sexual assault are difficult. The defence must always have a theory as to why the complainant would advance these allegations. It’s not effective enough to simply raise a reasonable doubt without a strong theory of the defence.

In the Firm’s R. v. D.D. [2018], it secured an acquittal in Toronto after a multi-day trial. The accused was alleged to have committed sexual assault on a minor 20 years ago. The Firm was able to establish through cross-examination the complainant was not credible and honest in the evidence provided. The complainant also advanced another allegation of sexual assault against another accused who was before the court at the same time. The two events were unrelated, but being litigated simultaneously. The accused testified with independent defence witnesses and was believed.

In the Firm’s R. v. Y.E. [2017], it prevented a sexual assault charge from being laid against a prominent Toronto Realtor, after proving the allegation was fabricated in a sex tape. We were able to provide this evidence directly to the investigating officer discrediting the complainant even before charges were laid. This avoided the court litigation and the accused being fingerprinted and photographed.

In November 2015, the Firm secured a withdrawal of several counts of sexual assault on two separate complainants in its R. v. K.C. [2015]. Through affidavit evidence, the Firm was able to defeat the allegations without a trial. The outcome was achieved through independent counsel where the Firm ultimately established the allegations were not as described and motivated by a falling out between a circle of friends.

Common Sexual Assault Defences used by Lawyers

Donich Law - International Child Pornography Investigations we have Defended

In the Firm’s R. v. Z.C. [2018], it secured a withdrawal of 11 Sexual Assault and Sexual Interference charges advance by multiple child complainants against a close family member. The allegations were being advanced by 3 separate complainants. Defending charges with multiple complainants is difficult because the Crown will often advance a similar fact application which will be used to bolster the credibility of the complainants and Crown theory.

In 2022, the Firm defended an individual charged with assault (choking), assault, sexual assault, cruelty to animals and assault with a weapon in R. v. A.B. [2022]. The accused was charged after allegedly assaulting his wife, children, and the family dog and the Crown was seeking a significant penitentiary sentence. After significant Crown delay, the Firm set dates to make an 11(b) argument, leading to the Crown significantly reducing their position. The Firm ultimately secured the withdrawal of the assault (choking), sexual assault, cruelty to animals and assault with a weapon charges.

In 2021, the Firm represented an accused charged with sexual assault after allegedly assaulting an ex-wife during a domestic dispute in R. v. C.B. [2021]. Donich Law proposed a s. 276 application as a strategic defence which would provide the alleged victim with independent legal counsel. The Firm also discovered false allegations of domestic abuse previously made by the complainant. The Firm participated in roughly 18 months of Crown pre-trials and was able to exploit weaknesses in the Crown’s case to secure a withdrawal.

The Firm has also defended Civil Actions of historical sexual assault which often arise in the context of criminal proceedings. These claims often seek millions in damages and face similar trial challenges associated with criminal defence. It’s is not uncommon for the accused to be prosecuted criminally, only to be served with a Statement of Claim once the sentence is complete. Depending on how the criminal case is handled, it could adversely affect the probability of success for the civil proceedings.

New Changes to Sexual Assault Laws in 2026

The Firm has considerable experience defending allegation of historical sexual assault and related offences. In July 2019. In the Firm’s R. v. A.E. [2019], it was able to secure a withdrawal of several child sex related offences in Perth, Ontario. The accused was now an adult, and facing allegations related to events which allegedly occurred in 1985. Over a period of a year through the court process, the Firm established the allegations were false and motivated by a family dispute related to a large inheritance.

The same month, the Firm further secured a withdrawal of sexual assault against the owner of a private hotel in Toronto, where the accused was previously investigated 2 years prior by Toronto Police for an incident with another complainant in its R. v. T.K. [2019]. Law enforcement even used the unusual procedure of requiring the accused to take a lie detector test. The firm was able to establish based on its theory that the allegations were false.

In 2016, after a multi-day trial in Toronto it secured an acquittal on several child sex related offences which allegedly occurred over a decade prior in its R. v. D.N. [2016]. Through cross-examination, the Firm was able to establish the complainant was not being honest, the defence used evidence obtained through private investigation to achieve this outcome. The accused was acquitted of sexual assault, invitation to sexual touching, and sexual interference.

In November, 2016, the Firm secured a withdrawal of Nine Sex Offences against a Toronto TTC Driver, including Luring in its R. v. A.H. [2016]. This outcome was achieved by providing independent affidavit evidence through external counsel. The complainant who was a child at the time, indicated the allegations were not true and advanced by a falling out she had with her parents.

In March 2018, the Firm stayed a sexual assault and forcible confinement allegation in a Swiss Chalet washroom against a co-worker who was having a secret affair with the complainant. The case was further complicated because the police produced evidence of a text message apology by the accused. The Firm conducted a complex s.276 application and recovered forensic data from a cloud backup ultimately showing the complainant deleted other exculpatory text messages in its R. v. S.L. [2018].

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Frequently Asked Questions

What to do if Accused of Sexual Assault in Toronto?

If you have been accused of sexual assault, it is important to treat the matter very seriously. Even false accusations can have a significant impact on an accused’s life. Whether or not charges have been laid, when an accusation of sexual assault is made it is important to consult with legal counsel to better understand your rights and obligations. Experienced legal counsel can assist in walking you through the process, managing risk, protecting your rights, and any preserving any potential defences and/or evidence.

Once an allegation is made to police, it is very likely that charges will be laid. Depending on the situation, police may contact the accused and advise that they intend to arrest the accused, or they may simply locate the accused and place them under arrest.

In either scenario, it is important to speak with a lawyer prior to providing police with any information regarding the situation. Even minor, seemingly innocent details can be used against an accused person in a criminal trial. As a result, it is often advisable for an accused to exercise their right to remain silent.

Additionally, those charged with sexual assault in Toronto may be held pending a bail hearing. In some circumstances a surety may be required. Having retained legal counsel prior to arrest will ensure that there is an adequate bail plan in place. This will expedite the accused’s release from custody and ensure they are released on the least onerous conditions possible.

I have been Accused of Sexual Assault but there is no Evidence

A common misconception in sexual assault cases is that if there is “no evidence” the accused cannot be convicted. In reality, most cases involving sexual assault allegations hinge on the statement of the complainant alone.

It is uncommon for there to be physical evidence like a rape kit in most sexual assault cases. There is rarely video evidence of an alleged sexual assault, and often no one else is present when the incident occurs. As a result, the only evidence in many sexual assault cases is the statement of the complainant alone. If the statements of the complainant are accepted by the Court, the accused can be convicted on this evidence alone.

While the Crown bears the burden of proving the accused’s guilt beyond a reasonable doubt, the defence can also present evidence to refute the Crown’s evidence or theory of the case. If you have been wrongfully accused of sexual assault and believe you have evidence that proves your innocence, it is important to properly preserve that evidence. This should be done as soon as an accusation is made, regardless of whether police are involved.

How Quickly can I get Sexual Assault Charges Dropped?

Where an allegation of sexual assault is made and charges are laid, it may be some time before the charges can be withdrawn. In the majority of cases, the charges will not be withdrawn at all. The Crown is typically reluctant to withdrawal a sexual assault charge unless there is very clear and convincing evidence to prove the accused’s innocence.

In many cases, the Crown will refuse to drop the charges and will force the accused to go to trial. The first opportunity to present evidence in defence of the accused is at the first Crown pre-trial. A Crown pre-trial is an informal conversation between the defence and the Crown to discuss various issues in the case. A Crown pre-trial will occur sometime after the first appearance court date, and typically after at least some disclosure has been provided to the accused.

If an accused does have evidence to prove they have been falsely accused, this information can be provided to the Crown who will then do their own due diligence. Typically, the Crown will do a thorough review of their file and speak with the officer in charge of the case before they will agree to withdrawal a charge. Where the accused does not have any such evidence and does not wish to plead guilty, the case will go to trial.

Other Consequences of Sexual Assault Conviction

In addition to facing a term of imprisonment, those convicted of sexual assault will also face a number of other restrictive ancillary orders that will remain in place for a number of years following the completion of the case.

Sex Offender Information Registration Act (SOIRA)

Those convicted of sexual assault will face a mandatory SOIRA order at sentencing. A SOIRA order may remain in place for 10 years, 20 years or life. A SOIRA order requires the offender to register yearly on the sex offender registry. While not accessible to the public, the registry keeps track of individuals physical appearances and whereabouts to ensure police are able to monitor them individual for the duration of the order.

Weapons Prohibition

Pursuant to section 109 of the Criminal Code, those convicted of violent indictable offences will face a mandatory weapons prohibition order upon sentencing. An individual convicted of sexual assault will face this order on a mandatory basis. The order may remain in effect for between 10 years and life.

DNA Order

Those convicted of sexual assault will also face a mandatory DNA order requiring them to submit a sample of their DNA. The DNA is then held in the national repository which is used to solve crimes using DNA evidence. A DNA order will be put in place unless the offender can satisfy the Court that the infringement on the offender’s privacy and security rights is grossly disproportionate to the public interest in taking the DNA.

161 Orders

Where an offender is convicted of sexually assaulting a minor, the sentencing court may place section 161 conditions on the offender. These conditions limit the offender’s ability to be around children or anyone under the age of 16. A section 161 order is discretionary and may include exceptions. A section 161 order may restrict an offender’s ability to access the internet, to be alone with or communicate with minors, to be in a position of trust or authority over minors, and/or to attend places minors are known to be like parks or schools.

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Recent Cases

R. v. C.J.R., 2025 ONSC 6905

In the 2025 Ontario Superior Court case R. v. C.J.R., the offender was convicted of two counts of sexual assault and one count of criminal harassment. The complainant testified that on one occasion the offender, a friend from school, had touched her shoulder, leg and vaginal area. On a second occasion, the complainant testified that the offender forcibly raped her while driving his elbow into her chest, making it difficult for her to breathe. When determining the appropriate sentence for the offender, the Court noted his young age, lack of criminal record, the fact that the offender had a mental disability and other mitigating factors. The offender was sentenced to a conditional sentence of house arrest for two years less a day to be followed by three years of probation. The Court also ordered the offender to provide a sample of his DNA, and not to possess weapons for ten years. The Court declined to place the offender on the sex offender registry after counsel submissions.

R. v. R.H., 2023 ONSC 6448

In the 2023 Ontario Superior Court case R. v. R.H., the offender was convicted of three counts of sexual assault all stemming from incidents that occurred in his workplace. One count involved the accused touching his receptionist on the thigh for a sexual purpose. The second count related to the offender grabbing the butt and breasts of another colleague while at work. The final count related to the offender grabbing another colleague’s breasts multiple times at work. The Court cited denunciation and deterrence as the primary sentencing principles in arriving at the appropriate sentence. The Court also considered mitigating factors including remorse and rehabilitation efforts. The offender was sentenced to six months imprisonment followed by 18 months’ probation to be served upon his release from custody. In addition, the Court ordered the offender to provide a sample of his DNA and ordered a lifetime weapons prohibition.

R. v. S.W., 2024 ONCA 173

In the 2024 Ontario Court of Appeal case R. v. S.W., the offender was convicted of sexual assault and sentenced to a conditional sentence of two years less a day. The first 12 months of the sentence were to be served on house arrest with the remainder of the sentence served as probation. The sexual assault involved the offender having sexual intercourse with the complainant, his girlfriend, while she was pretending to be asleep. The Crown appealed the sentence. The Court of Appeal agreed the sentence was not appropriate considering the assault involved forced penetration. The Court found the initial sentence to be unfit and sentenced the offender to three years imprisonment despite the offender’s lack of criminal record and expression of remorse.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes, Canadian Lawyer and is a member of DMZ Angels in Toronto.