Kingston Sexual Assault Defence Lawyer

We defend sexual assault charges laid by Kingston Police.

Anyone charged with sexual assault in Kingston should hire a defence lawyer immediately for representation. In Kingston, the Crown will often ask for jail sentences of more than one year even for first time offenders. If the accused is not a Canadian citizen they face deportation by IRCC if they are sentenced to more than six months in jail.

Sexual assault charges are laid under s. 271 of the Criminal Code (CC).

In Kingston court cases, the charges will almost always be laid by Kingston Police. The accused will receive a court date at 279 Wellington Street, Kingston, ON. Most sexual assault first appearances are scheduled approximately six weeks from the arrest date and will be held in courtroom 2.

If released from the police station, the court date information will be printed on the Undertaking (CC Form 10) given by the police. Those held for bail and later released will receive a Release Order (CC Form 11). Both forms will list the court date and conditions that must be followed while their case is pending before the courts.

Common release conditions in Kingston sexual assault cases

If the accused has not yet been fingerprinted, they will receive a date to have their fingerprints taken prior to the court date. The first appearance court date will be after the fingerprinting and mugshot appearance date. Some accused may be fingerprinted upon arrest at the police station, especially those who have been held for bail. The accused should check their Undertaking because Kingston police fingerprinting dates and locations can sometimes vary.

The accused will also have conditions not to contact the alleged victim directly or indirectly and be required not attend at any places where they live or are known to be, such as their residence or employment addresses. In cases that arise within the family home or a shared residence, the accused is often displaced from their home as a result of the pending charges.

Many accused of sexual assault in the Kingston area live with family members or other people from their community.

When the charges are laid they often have to move out immediately to avoid breaching their Undertaking or Release Order which would result in charges for Failure to Comply if discovered by the police.

We can sometimes have these conditions varied with the consent of the Crown Attorney later to allow the accused to go back home, but this is not a simple or easy process. The accused should hire a lawyer immediately to engage with the Crown in cases where a variation is sought.

What sentence do Kingston Crown Attorneys usually ask for in sexual assault cases?

Kingston court Crown Attorneys routinely seek prison sentences of 4+ years for those found guilty of sexual assault. Upon conviction, offenders will receive a criminal record and often are required to register as a sex offender. If the accused is not a Canadian citizen, they may be deported by IRCC if sentenced to more than six months in jail. Sexual assault charges are always extremely serious allegations in Canada.

A lot of those accused in Kingston court are immigrants who are vulnerable to deportation if found guilty. Our lawyers offer services in Hindi, Farsi and other languages for those who have difficulty communicating in English. We also provide representation for IRCC immigration related issues if they arise.

The severity of the charges cannot be understated. This may be surprising to some because all it takes to be charged is one person making an accusation to the police that sexual touching occurred without consent. The Crown’s evidence in a lot of cases is often solely the word of the complainant alone.

I thought that the sex or touching was consensual?

The accused may honestly believe that the other person consented to having sex or sexual touching. This is a defence, but its success will depend on whether the judge or jury believes the accused took reasonable steps to confirm the consent of the complainant at the time of the incident. Factors such as if the complainant was asleep or intoxicated at the time of intercourse or sexual touching will be considered by the court in determining whether the accused is guilty or not.

I was falsely accused of sexual assault. What happens now?

Once the charges have been laid, the case will proceed to court. Our lawyers have a lot of experience in Kingston court sexual assault cases. The first step will be to try to convince the Crown to drop (withdraw) the charges. This may be possible in cases that lack evidence such as:

1. Inconsistent statements from the complainant demonstrating their allegations lack credibility and reliability as evidence;


2. Exculpatory statements discovered in text messages, media recordings, or other third party records; and/or,


3. An affidavit or other fresh evidence in the case that demonstrates the crime did not occur.

While some sexual assault charges can by dropped by Kingston Crowns (possibly in exchange for a peace bond), many of these cases will have to go to trial for the court to decide on guilt. It is important that your lawyer have significant experience in dealing with sexual assault cases, including cross examining the alleged victim and other Crown witnesses. If inconsistencies and inaccuracies are discovered this may be the key to proving your innocence in court.

If you have been charged with sexual assault, sexual interference, voyeurism, child pornography or any other sexual offence by Kingston Police, give us a call today at 647-228-5969 for a free case evaluation and quote.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with sexual offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on sexual assault defence law in Kingston court protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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