What If You Are Falsely Accused of Sexual Assault in Ontario?

Being charged with sexual assault in Ontario is a life-altering event. A conviction not only brings severe criminal penalties—it can also lead to lasting personal and professional consequences. The stigma of a sex crime charge may impact your ability to find work, secure housing, and maintain relationships. Even false or exaggerated allegations can lead to depression, anxiety, and long-term emotional trauma.

At Affordable Defence in Ottawa, we provide experienced, strategic legal representation for individuals charged with sexual offences in Ontario. If you’ve been accused, it’s critical to act fast. A skilled criminal defence lawyer may be able to challenge the evidence, negotiate with the Crown, or identify legal avenues to have your charges reduced—or dropped entirely.

Under the Criminal Code of Canada, sexual assault refers to any form of sexual contact without consent. It includes a wide range of behaviour, from unwanted touching to violent acts involving coercion, threats, or physical force.

While the severity of sexual assault varies, all charges are serious. They require immediate attention and strong legal defence.

To secure a conviction, the Crown prosecutor must prove beyond a reasonable doubt that:

• A sexual act occurred without the complainant’s consent
• The accused is the individual who committed the act
• The complainant did not (or could not legally) consent

Courts will also assess:

• Whether force or the threat of force was used
• Whether either party was intoxicated or impaired
• Whether the accused held a position of power or influence over the complainant

A skilled Ottawa defence lawyer will examine every aspect of the case—including police conduct, inconsistencies in witness statements, and constitutional rights violations—to find weaknesses in the Crown’s evidence and create reasonable doubt.

Penalties for sexual assault in Ontario depend on the nature of the offence and whether it is prosecuted summarily or by indictment:

• Summary conviction (for less serious offences): up to 18 months in jail
• Indictable offence (more serious): up to 10 years in prison

Aggravating factors—such as the use of a weapon, serious physical injury, or if the complainant is a minor—can increase the sentence to up to 14 years, along with mandatory registration on the National Sex Offender Registry for 20 years or even life.

Peace Bond

A peace bond is a court order requiring you to follow specific conditions (such as staying away from the complainant) for up to 12 months. In exchange, the Crown agrees to withdraw the charges. While not an admission of guilt, a peace bond shows your willingness to cooperate and can be a path to avoiding a criminal conviction.

Peace bonds are typically considered in less serious cases and where there’s a weak likelihood of conviction at trial.

Absolute or Conditional Discharge

Absolute discharge: You are found guilty, but receive no sentence or probation. It is automatically removed from your record after one year.

Conditional discharge: You must follow probation conditions (e.g., counselling, no contact) for a set period. It is removed after three years.

Both options avoid jail time and permanent criminal records. However, discharges are generally only available for first-time offenders facing relatively minor allegations.

Intermittent and Suspended Sentences

For more serious offences where jail is unavoidable, there are still ways to reduce the impact on your daily life:

Intermittent sentence: You serve time on weekends, allowing you to maintain employment or care for dependents.

Suspended sentence: You avoid jail, but must follow strict probation terms. Violating those terms can result in imprisonment.

These sentencing options can provide critical relief—especially for those with jobs, families, or immigration concerns.

The defences available to you will depend on the details of your case. Common legal defences in Ontario may include:

• Consent: Arguing that the complainant voluntarily consented to the sexual activity
• Mistaken belief in consent: Showing that you honestly, though perhaps mistakenly, believed consent was given
• Alibi: Demonstrating you were not present at the time of the alleged incident
• False allegation: Proving the complaint was fabricated or motivated by bias, revenge, or leverage in another matter (e.g., custody dispute)
• Charter violations: If your rights under the Canadian Charter of Rights and Freedoms were violated during your arrest or investigation, evidence may be excluded—or the case dismissed entirely

A strong defence begins with early legal intervention. At Affordable Defence, we assess every detail to identify the strongest possible legal strategy for your unique case.

False accusations of sexual assault are uncommon, but they do happen—and they can be devastating. If you’ve been falsely accused:

Do not speak to police without a lawyer present

Anything you say to law enforcement can be used against you—even if you’re innocent and trying to clarify the situation. Police officers are trained to gather evidence, not to advocate for you. Politely decline to answer any questions until your defence lawyer is present to guide the conversation and ensure your rights are protected.

Avoid any contact with the complainant

Attempting to speak with or confront the person accusing you can worsen the situation and may be used by the Crown as evidence of guilt or intimidation. Even well-intentioned communication—such as asking for an explanation—can backfire. Follow any bail or release conditions strictly, especially if they include a no-contact order.

Document your side of the story and gather any evidence

Preserve any texts, emails, social media messages, call logs, or other digital communications that could support your version of events. Write down a detailed account of everything you remember as soon as possible. These materials may become crucial in building your defence and proving inconsistencies in the complainant’s allegations.

Seek legal counsel immediately

Time is of the essence in any criminal case—especially when you are facing serious allegations. An experienced sexual assault defence lawyer can step in quickly to preserve evidence, protect your rights, and begin building a strong defence before charges escalate or media coverage intensifies.

Your lawyer will work to uncover inconsistencies in the complainant’s version of events, challenge the reliability of evidence, and protect your rights through every stage of the process.

A charge for any sexual offence comes with the potential for jail time, a lifelong criminal record and mandatory registration on the Ontario Sex Offender Registry. There can also be significant reputational damage — even if the complainant’s accusations are untrue.

In most cases, it is best to consult with a sexual offence lawyer who has experience in this type of criminal case. Your defence lawyer can help secure your release with the least stringent bail conditions and then start preparing a defence based on the available evidence.

Even if the complainant decides to withdraw the accusations, the Crown prosecution may still decide to proceed with the charges. If the case proceeds, the trial may not take place for 6-12 months, during which time your lawyer will communicate with the prosecution on your behalf to see whether the matter can be resolved in your best interests.

If a trial is necessary, testimony from the accused and the complainant will likely be used to determine if the sexual activity was consensual. This may be the key evidence in the trial.

For the best possible chance of successfully defending a sexual offence charge, speak to one of Affordable Defence’s criminal lawyers, located in Ottawa, for a free consultation.