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Sexual Assault & Related Criminal Offences

Sexual Assault is an assault of a sexual nature. In the Canadian criminal justice system, Sexual Assault charges are among the most serious an individual can face. If convicted, aside from jail time, a stigmatizing criminal record may follow the offender for the rest of his/her life.  Offenders are placed on a sexual offenders registry and face other intrusive conditions placed on them well after the conclusion of their case, such as no contact orders, DNA orders and orders restricting use of computers or the Internet.  

In today’s heightened #metoo movement environment, it is important that an accused receive a fair trial and that the fundamental legal principle of the presumption of innocence prevail.   A sexual assault can be of varying degrees and while any sexual assault charge is extremely serious in nature, some (while serious) are less serious than others.   There also are many sexual related offences in the criminal code of Canada that are not defined explicitly as sexual assault such as: sexual interference, incest, child pornography, exposing oneself and indecent acts to name a few.  

If you are under investigation for sexual assault or offences that are sexual in nature, speak to a criminal defence lawyer immediately.  Mr. Baratz’s initial advice is always to remain silent in the face of police questioning.  In these particular cases, it has been Mr. Baratz’s experience that the police will try to illicit as much information as possible from the Accused during an interview. Again, remember every person has the absolute right to remain silent during these interviews.    This is a basic, fundamental right, protected in the Canadian Charter of Rights and Freedoms.   Contact Baratz Law today for a free confidential consultation if you are under investigation or charged with a sexual related criminal offence.

Mr. Baratz is always up for the challenge and ready to defend individuals accused of the most serious crimes; to put the Crown Attorney to their task of establishing proof beyond a reasonable doubt.  

CASE STUDIES

M.S. was charged with serious criminal charges, including sexual assault and human trafficking.  It was alleged that M.S. sexually assaulted the complainant on numerous occasions including procuring her into sexual activity with others.  It was further alleged that this activity had occurred when M.S. had enticed the complainant on a 2 week drug fueled rampage whereby she would engage in prostitution with others in order to financially support M.S.’s supposed drug habit.    As it turned out the complainant and the accused also were accused of stealing tools from residential homes in order to financially support their substance addictions.  The pair also allegedly stole expensive cheese to sell on the black market at local pizzerias by filling up shopping carts at supermarkets with expensive cheeses and running out without paying.  The complainant had an interest to obtain funds for her own benefit.  At the preliminary hearing the complainants’ credibility was seriously damaged under cross examination by Mr. Baratz.  The Crown and court could not rely upon her testimony.  As it turned out, the complainant, a drug user herself, benefited from the funds received from prostitution, using it to purchase illegal drugs for her own consumption.   Her alleged involuntariness to engage in the sexual activity in question was highly suspect, as she desperately needed the funds to support her drug addiction.  As a result the Crown had agreed with Mr. Baratz to withdraw the charges against M.S.           

L.C. was charged with flashing two female victims at a busy plaza in Toronto while allegedly parked in his car.  It was alleged he was the suspect.  The suspects’ modus operandi was to ask his victims for directions to Fairview mall on his smartphone using the Google Maps application while seated in his car in the plaza’s parking lot.  While the victims would hold the smartphone the suspect would apparently masturbate and expose his penis while seated in his car.   One of the victims was under the age of 16 at the time.  The first victim identified the accused out of a photo line up out of 12 individuals – a perfect match.  The second victim identified the accused and two others in the photo line up.  L.C. was arrested at the plaza where the offences occurred.  His smartphone was seized by the police.  Upon searching the google map application the police found the map application, when opened, immediately depicted the location of Fairview mall.   At trial, Mr. Baratz had argued successfully that the police had conducted an illegal search and seizure of L.C.’s smartphone, contrary to section 8 and 9 of the Canadian Charter of Rights and Freedoms.  In addition to a lack of transparency over the search, the smart phone evidence was therefore excluded from trial.  Next, under cross examination, Mr. Baratz had challenged the victim’s recollection of the suspect and the suspect vehicle – drastic inconsistencies had arisen.  At the end L.C. was fully acquitted of all charges and walked out of court a free man and back home to his family.  Convictions for these sexual offences would have had life altering consequences. 

Avi Baratz represents Accused Individuals throughout Southern Ontario.  He is a no nonsense advocate who will leave no stone un-turned.  Call today for a free confidential consultation.  

Frequently Asked Questions

Call Avi Baratz at 905-789-9007 to schedule your free confidential consultation!

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