For a lot of people, it starts with a voicemail. A detective from the sexual assault unit leaves a polite message asking you to call back and come down to the station, as they’d like to hear your side of things. There’s no mention of an arrest, and it sounds almost routine. People often return that call the same afternoon, go in alone, and talk for an hour.
That conversation is frequently the most important piece of evidence in the whole case, and it usually happens before the person has spoken to a lawyer at all. Sexual assault allegations move through the system in a particular way, with rules that don’t apply to most other charges, and knowing the shape of the process early makes a real difference.
This is a general outline of what to expect if you’ve been charged with sexual assault in Ontario, from the first contact with police through to trial, and where the decisions that matter tend to be made.
Before anything else: the police interview
You’re required to give police your name and basic identifying information if you’re arrested. You aren’t required to explain yourself, and in almost every case you shouldn’t, at least not before getting legal advice. Being invited in “to tell your side” isn’t the same as being given a fair chance to clear things up, because the interview is recorded and any inconsistency, however innocent, can be used later.
If police want to speak with you, the sensible response is to say you’ll be in touch through a lawyer, then call one. A lawyer can find out what the allegation is, arrange a surrender if an arrest is coming, and keep you out of an interview room.
The charges and what they carry
The Criminal Code sets out three levels of sexual assault. The base offence, under section 271, covers any sexual touching without consent. Section 272 covers sexual assault involving a weapon, threats to a third party or bodily harm, and section 273 covers aggravated sexual assault, where someone is wounded, maimed, disfigured or put in danger of losing their life.
| Section 271 sexual assault | By indictment | Summary conviction |
| Complainant 16 or older | Up to 10 years | Up to 18 months |
| Complainant under 16 | Up to 14 years | Up to 2 years less a day |
The higher levels carry heavier maximums, and some offences involving young complainants come with mandatory minimum sentences. A conviction can also lead to an order under the sex offender registry, along with a DNA order and weapons prohibitions. These consequences follow a person well beyond the sentence itself, affecting travel, employment and, for anyone who isn’t a Canadian citizen, immigration status.
Consent, in the eyes of the law
Consent in Canadian criminal law means voluntary agreement to the specific sexual activity, given by a person capable of giving it. It can’t be given on someone else’s behalf, it isn’t valid if the person is incapacitated, including through intoxication, and it can be withdrawn at any point. Agreeing to one act isn’t agreement to another.
A defence of honest but mistaken belief in consent exists, but it’s narrow. The accused must have taken reasonable steps, in the circumstances known to them at the time, to find out whether the other person was consenting. Assumptions based on silence, a past relationship or how someone was dressed don’t qualify.
Release and bail conditions
Most people charged are released, either by police or after a bail hearing, but on conditions. Typical ones include no contact with the complainant directly or indirectly, staying away from their home, school or workplace, and sometimes living at a set address. In cases between partners, that can mean moving out of a shared home overnight. These conditions are taken very seriously, and a breach can mean a second charge and a much harder bail hearing.
How the case moves through court
After the first appearance, the Crown provides disclosure: the complainant’s statement, often video-recorded, along with officer notes, any messages or photos, and witness statements. Then come pretrial meetings with the Crown and a judge, where the evidence is discussed and any resolution explored.
Some features are particular to sexual offence cases. A publication ban protecting the complainant’s identity is common. There are strict rules limiting evidence about the complainant’s prior sexual history and access to private records like counselling notes, and the defence has to bring formal applications, in advance, before using that kind of material. Any texts or messages you hold that involve the complainant may need an application too, so it’s important to raise them with your lawyer early and not to delete anything.
The Crown, not the complainant, decides whether a case proceeds. A complainant who wants the charge dropped doesn’t end the prosecution on their own, though their wishes can be a factor. There’s also no time limit on laying these charges, so allegations from years or even decades ago are prosecuted regularly.
Under the Supreme Court’s decision in R. v. Jordan, cases are presumed to take too long once they pass 18 months in the Ontario Court of Justice or 30 months in the Superior Court, not counting delay caused by the defence. Most cases finish well inside that window, but delay is something a defence lawyer keeps a careful eye on.
Getting advice early
Legal Solutions Law Firm defends sexual assault charges across Ontario. The firm is led by Ryan Manilla, who was called to the Ontario Bar in 2008, and it offers a free, confidential 30-minute consultation, with phone lines open around the clock.
If that voicemail from a detective is still sitting on your phone, the most useful thing you can do today is not return it until you’ve spoken with a lawyer.
This article is general information and isn’t legal advice for any particular case.