FIRST OFFENDER? DEFEND INDECENT ACT CHARGES IN WINDSOR.  1-866-DEFENCE.

Donich Law is a criminal, civil and regulatory firm based out of Toronto. We service clients in jurisdictions in the GTA and throughout Ontario. Our lawyers have experience defending a variety of criminal charges, including sexual offences. If you have been charged with indecent act or indecent exposure in Windsor or are concerned that you may be charged with one of these offences, Donich Law can assist you in developing the best strategy to protect your rights. Indecent act charges are serious sex offences with reputational risks, it may also be important to request a publication ban to protect the integrity of the proceeding.

The Firm has experience successfully defending those accused of both indecent act and indecent exposure. We combine negotiation, risk management and litigation to achieve the best outcome for our clients.

In the Firm’s R. v. C.X. [2021], the Firm successfully resolved an indecent act charge without a criminal record against a client who was alleged to have exposed his genitals to the public in a Walmart parking lot. Police were called to the scene by witnesses and discovered the accused shirtless in his vehicle with his pants on backwards. The Firm challenged witness accounts of the alleged incident and used medical records of the accused to provide context to the incident.

In R. v. A.T. [2018], Donich Law represented an individual charged with committing an indecent act after a witness alleged that he exposed himself in a public parking lot. The charges were ultimately withdrawn after the Firm hired a medical expert to refute the witness’s version of events.

In R. v. M.R. [2017], Donich Law represented an exotic photographer alleged to have exposed his genitals to a model during a photoshoot. The Firm successfully defended the indecent act charge using forensic evidence from the camera used during the photoshoot to prove that the complainant had falsified the allegations. Click here for more information on how to defend indecent act charges.

Both indecent act and indecent exposure are serious offences. Those convicted of indecent exposure in Windsor will be guilty of a sexual offence and may be forced to register as a sex offender. As a result of the risks associated with a conviction, it is important to contact and consult with legal counsel.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

CP24: Civil Sexual Assault Lawsuit at St. Michael’s in Toronto.

Global News: Historical Sexual Assault Charges and Bill Cosby.

CityNews: Jordan Donich comments to CityNews regarding challenges with Sexual Assault Trials in Toronto.

CityNews: Jordan Donich provides expert commentary to CityNews regarding Sexual Assault Prosecution.

Frequently Asked Questions

What is the Difference between an Indecent Act and Exposure?
What to do if you have been Charged with Indecent Act or Indecent Exposure in Windsor?
What will Happen if I am Charged with Indecent Act or Indecent Exposure in Windsor?
Sentencing for Indecent Act and Indecent Exposure in Windsor

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What is the Difference between an Indecent Act and Indecent Exposure?

The offences of indecent act and indecent exposure are outlined in sections 173(1) and 173(2) of the Criminal Code, respectively. The offence of indecent act is broader and occurs when an individual commits an act considered to be indecent by the court, in any location with the intent to offend another individual, in the presence of one or more individuals, or in a public place. The act committed does not necessarily have to be sexual in nature.

When laying the charge, the police will decide whether the act committed is indecent. Eventually, during the prosecution phase of the case the court will make the final determination whether the act was considered indecent. Common examples of acts considered indecent by the court include masturbating in public, exposing one’s genitals in public or in the presence of others in an inappropriate context and urinating in public.

The offence of indecent act is more narrow and occurs when an adult individual exposes their genitals for a sexual purpose to a minor. The offence is committed regardless of whether the accused and minor are physically in each other’s presence. This means that an adult who exposes themselves to a minor over the internet will be guilty of indecent exposure. Indecent exposure, in contrast to indecent act, is always a sexual offence.

What to do if you have been Charged with Indecent Act or Indecent Exposure in Windsor

If you have been charged with indecent act or indecent exposure in the Windsor area it is important to contact legal counsel to discuss your options and determine how best to protect your rights moving forward. The repercussions of a conviction for either offence could be significant. As a result, it is important have a full understanding of the case against you before making any major decisions.

In Canada, the Crown has an obligation to turn over all evidence collected against an accused. This is called disclosure. A defendant in a criminal case is entitled to full disclosure prior to making any major decisions to ensure that they are aware of the case against them. Once disclosure is received it must be reviewed in full to ensure there is a full understanding of the evidence in the possession of the Crown and the accusations being made.

What will Happen if I am Charged with Indecent Act or Indecent Exposure in Windsor?

In the majority of indecent act and indecent exposure cases, the accused individual is arrested and charged after the police receive a report from a victim or witness. When police receive a report of a potential indecent act or indecent exposure, they will launch an investigation, attending the location of the alleged offence. If the witness report is credible and the accused can be located, they will generally be placed under arrest and taken to the local police department.

Depending on the nature of the offence, the accused individual will either be held for bail or released from the station. An accused will be held for bail where there is concern that they will reoffend, will not abide by their release conditions, or will fail to attend court. If held for bail, the accused will be brought before the court and released only when the court is satisfied with the release plan. It is rare that an individual charged with indecent act or indecent exposure would be denied bail.

Once released from custody, the accused will be provided a first appearance court date. Either the accused or their legal counsel will be required to attend court on that date. In some cases, disclosure will be available on the first court date and in other cases it will not. The case will then be adjourned to a further date for the accused to receive and review disclosure.

As outlined in the section above, it is important that an accused receive disclosure in full prior to making any major decisions in their case. Once the accused knows the case to meet, they may begin developing a defence strategy or negotiating with the Crown for a favourable guilty plea. Whichever route the accused chooses to take, it is important to consult with legal counsel to ensure rights are protected and all viable defences are advanced.

Sentencing for Indecent Act and Indecent Exposure in Windsor

As outlined above, both indecent act and indecent exposure can be sexual offences, however only indecent exposure is considered a sexual offence in every case. For example, an individual caught urinating in public may be charged and convicted of indecent act, however this is not considered a sexual offence. Exposing one’s genitals to a child for a sexual purpose, however, can only be classified as sexual. As a result, the sentences imposed on those convicted of these offences may differ significantly from one case to the next.

The maximum penalty that may be imposed on an individual convicted of indecent act is two years in prison. Maximum penalties, however, are rarely imposed and are reserved for only the most serious cases. As a result, the majority of those convicted of indecent act will be sentenced to probation or imprisonment for a term less than the maximum. Those found to have committed an indecent act may also be granted a discharge if the court feels it is in the best interest of the accused and not contrary the public interest to do so.

Depending on the nature of the indecent act committed, those convicted of the offence may also be forced to register as a sex offender. For example, an individual convicted of masturbating in public is likely to be issued a SOIRA order requiring them to register. An individual convicted of urinating in public on the other hand, will likely avoid a SOIRA order.

At stated above, indecent exposure is always considered a sexual offence which is reflected in the fact that all those convicted of the offence will be issued a SOIRA order by the court and required to register as a sex offender. In addition to being required to register as a sex offender, those convicted will also face a maximum of two years in prison as outlined in the Criminal Code.

Quick Facts

Is Indecent Act a Sexual Offence?

Not always. While an individual may be charged with indecent act for committing a sexual act in public, sexual activity is not required for the charge to be laid. For example, an individual caught urinating in public may be charged with indecent act.

Is Indecent Exposure a Sexual Offence?

Yes. The offence of indecent exposure requires that the individual exposed their genitals for a sexual purpose. Those convicted of indecent exposure will be required to register as a sex offender.

Will I go to Jail for Indecent Act in Windsor?

In most cases, first time offenders convicted of indecent act will not be sentenced to prison. Periods of incarceration may, however, be imposed where an accused is a repeat offender or where the allegations are particularly serious.

Will I go to Jail for Indecent Exposure in Windsor?

Since the offence of indecent exposure involves exposing one’s genitals to a child for a sexual purpose, the likelihood that prison will be imposed increases. It is possible, however, for an individual convicted of indecent exposure to avoid prison.

What is a SOIRA Order?

A SOIRA order is an order issued by the sentencing court requiring an offender register as a sex offender under the Sex Offender Information Registration Act. Those convicted of indecent act may be issued a SOIRA order. Those convicted of indecent exposure will be issued an SOIRA order.

Can I get a Discharge for Indecent Act in Windsor?

The Court may grant a discharge where they are of the opinion that doing so would be in the accused’s best interest and not contrary to the public interest. During sentencing, the defence will have the opportunity to make submissions to the court regarding granting a discharge.

Can I get my Indecent Act Charge Withdrawn?

The Crown will only agree to withdrawal charges, in most situations, where there is no reasonable prospect of convicting the accused or where it would not be in the interest of the public to prosecute the individual.