The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.
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Sexual assault cases are as varied on issues as there are cases in the system. These cases can be based on historical allegations, allegations arising from domestic or intrapersonal relations (dating, office, etc.), or can arise from misidentification. We have defended very high-profile and complex cases at all levels of court. Each sexual assault case has its own particular evidence. Any person accused of sexual assault or a domestic offence requires detailed and carefully crafted defences. Sexual assault cases typically benefit from extensive pretrial investigation and preparation and, when possible, litigation before juries.
Joseph A. Neuberger, the head of the domestic and sexual assault defence team of Neuberger & Partners LLP is regarded in the profession and by the courts as a highly-experienced and skilled defence lawyer in Ontario. The expertise and experience developed by years of dedicated, creative and successful work on behalf of the clients of the firm has uniquely positioned Joseph Neuberger and the lawyers at Neuberger & Partners LLP as a high-profile law firm in defending sexual crimes, domestic-related crimes and other violent crimes.
The lawyers at Neuberger & Partners LLP engage other resources to assist in order to successfully defend cases. We work with private investigators, forensic experts, and technology and social-media experts to develop strong defences. In domestic-related cases, whether they are sexual assault, assault, criminal harassment or threaten death allegations that may arise from a relationship, or an acrimonious separation and divorce proceeding, Joseph Neuberger and the team at Neuberger & Partners LLP have extensive experience in working with family law counsel for our clients and carefully reviewing all evidence and documents in the family court proceedings or child protection proceedings in order to amass important defence evidence to utilize in the defence and in the cross-examination of the complainant or complainants.
Joseph Neuberger can refer clients to family law lawyers who are experienced with high conflict divorces where special expertise is required to fend off false or misleading allegations, and then we are able to work with family law counsel to develop a comprehensive approach to protecting and thus defending our clients. A criminal allegation will impact someone’s life in a profound way. This no doubt causes extreme emotional stress. We understand this and we work with our clients to provide not just strong defences to criminal charges but also to help provide a support system for our clients to help them through some of the most traumatic times in their lives.
Joseph Neuberger has provided sophisticated and successful defences in many high profile cases. These cases include murder and high profile cases of sexual assault, domestic assault, internet luring and other complex violent crimes. Joseph Neuberger has spent years working to develop defence techniques to expose false allegations and to seek justice for his clients. If you are facing serious criminal allegations, then you are in need of sound legal representation that is based on years of effective representation of clients just like you. If your future is at risk, then you need representation from lawyers who are truly regarded by the profession and courts as experienced lawyers in the criminal justice system.
To discuss how we can help you work toward the successful resolution of your case, please call 416-364-3111 or contact us online for a consultation.
Founded in 1993, Neuberger & Partners LLP is a high profile Toronto law firm with exclusive focus on criminal law. Our lawyers have represented clients in simple, complex and high-profile cases throughout the Greater Toronto Area and across Ontario.
About Us
An accusation of sexual assault or related offences demands immediate attention from experienced and effective lawyers with the tools, knowledge, resources and experience to handle complex criminal defences…
The moment you believe you are going to be investigated for a sex crime involving a minor, it is important that you seek out an experienced and determined defence lawyer. You want to have someone...
If you face charges for criminal harassment in Ontario, it is important that you do not take such charges lightly. Consequences for conviction can range from the implementation of a protection order...
Human trafficking allegations can involve a wide range of criminal charges, and a conviction could result in deportation, imprisonment and fines. With so much on the line, it is in your best interests to consult...
Many individuals charged with sexual assault or domestic assault find themselves also charged with the crime of forcible confinement. This crime states that it is illegal to force another person to remain in one...
It is the general policy of government and law enforcement to make an arrest when called to the scene of alleged domestic violence or abuse. Even if there is virtually no evidence of genuine wrongdoing...
If you have been accused of sexual assault, the single most important step is to contact an experienced sexual assault lawyer immediately. Do not speak to police, make any statements, or contact the complainant without first receiving legal advice. Anything you say — even in an attempt to explain yourself — can be used against you in court. At Neuberger & Partners LLP, our team has defended clients at all levels of court in Ontario. We conduct detailed pre-trial investigations, work with forensic experts and private investigators, and build comprehensive defence strategies tailored to the specific facts of each case. Visit our Sexual Assault & Related Offences page to learn more, or call us now at (416) 364-3111 for a free consultation.
No. Under the Canadian Charter of Rights and Freedoms, you have the right to remain silent and the right to retain and instruct counsel without delay. You are not legally required to answer police questions, provide a statement, or explain your side of the story at the time of arrest or investigation. Exercising your right to silence is not an admission of guilt — it is a constitutionally protected right. Politely tell police that you wish to speak with a lawyer before answering any questions. Then call Neuberger & Partners LLP immediately.
In Ontario, it is standard police policy to arrest an individual when called to the scene of an alleged domestic incident — even if there is little or no physical evidence, and even if the complainant does not want charges laid. Once arrested, you will typically be held for a bail hearing. At the bail hearing, the Crown may seek conditions including a no-contact order and restrictions on where you may live. Violating these conditions can result in additional criminal charges. It is critical to have experienced legal representation at your bail hearing to argue for reasonable release conditions. Learn more on our Domestic Assault & Related Offences page, or contact our firm for immediate assistance.
The Criminal Code of Canada establishes three levels of sexual assault, each carrying increasingly serious penalties:
Level 1 — Sexual Assault (s.271): The most common charge, covering unwanted sexual touching without consent. Carries a maximum of 10 years imprisonment (indictable) or 18 months (summary). If the complainant is under 16, a minimum mandatory sentence applies.
Level 2 — Sexual Assault with a Weapon (s.272): Involves use of a weapon, threats to a third party, or bodily harm. Maximum 14 years imprisonment.
Level 3 — Aggravated Sexual Assault (s.273): Involves wounding, maiming, disfiguring, or endangering the life of the complainant. Maximum life imprisonment.
A conviction also typically results in mandatory registration on the National Sex Offender Registry, a permanent criminal record, and potentially serious immigration consequences. Visit our Sexual Assault & Related Offences page for more information.
Yes, charges can be withdrawn, but it is the Crown Attorney's decision — not the complainant's. Even if the person who made the allegation no longer wishes to proceed, the Crown can still pursue the case if they believe there is a reasonable prospect of conviction and it is in the public interest. A skilled criminal defence lawyer can work to demonstrate that the evidence is insufficient, that the complainant's credibility is undermined, or that continuing the prosecution is not in the public interest. The sexual assault lawyers at Neuberger & Partners LLP have extensive experience in achieving charge withdrawals and stays through strategic pre-trial work. Contact our firm to discuss your situation.
This is one of the most frequently asked questions we receive. The short answer is: no, your spouse or partner cannot simply 'drop' the charges. Once police are involved and charges are laid, the matter is in the hands of the Crown Attorney, not the complainant. However, the complainant's wishes are a factor the Crown may consider. An experienced domestic assault defence lawyer can present evidence of recantation, inconsistencies, or other factors that make it difficult for the Crown to prove the case beyond a reasonable doubt. Learn more on our Domestic Assault & Related Offences page.
Domestic assault is prosecuted under the assault provisions of the Criminal Code (s.265–268), but the domestic context is treated as an aggravating factor at sentencing. Penalties range widely depending on the severity of the alleged conduct:
Simple assault (s.265): Maximum 5 years (indictable) or 18 months (summary).
Assault causing bodily harm (s.267): Maximum 10 years (indictable).
Aggravated assault (s.268): Maximum 14 years (indictable).
Beyond imprisonment, a conviction can result in a firearms prohibition, a no-contact order, probation, a restraining order, and a permanent criminal record. Contact our firm to speak with a domestic assault defence lawyer about your case.
Criminal cases in Ontario can vary significantly in length. A relatively straightforward domestic assault matter dealt with in the Ontario Court of Justice may resolve in 6–18 months. Complex sexual assault cases, especially those proceeding to a jury trial in the Superior Court of Justice, may take 2–4 years or more.
It is important to note that under R. v. Jordan (2016 SCC 27), there are constitutional ceilings on how long a case can take: 18 months for cases in the Ontario Court of Justice and 30 months in the Superior Court of Justice. Unreasonable delays can result in a stay of proceedings. An experienced lawyer will monitor timelines carefully and use them strategically in your defence.
Every sexual assault case is unique, but common and effective defences include:
Consent: Under s.273.1 of the Criminal Code, consent means voluntary agreement to the specific sexual activity in question. A thorough examination of the evidence may reveal that the complainant did in fact consent.
Honest but Mistaken Belief in Consent: Where the accused took reasonable steps to ascertain consent, this may form the basis of a defence.
Credibility and Reliability of the Complainant: Cross-examination may expose inconsistencies in the complainant's account, prior inconsistent statements, or motive to fabricate.
Identity: Challenging whether the accused is actually the person who committed the alleged offence.
Charter Violations: Evidence obtained through unlawful searches or violations of the right to counsel may be excluded at trial.
The criminal defence lawyers at Neuberger & Partners LLP have decades of experience developing sophisticated, fact-specific defences in sexual assault cases. Visit our Sexual Assault & Related Offences page or review our Recent Successes for examples of how we've helped clients.
Section 276 of the Criminal Code — commonly known as the 'rape shield' provision — restricts the ability to introduce evidence of a complainant's prior sexual history at trial. The purpose is to prevent the use of a complainant's sexual past to imply consent or undermine credibility.
However, in some circumstances, prior sexual history evidence is legitimately relevant to the defence — for example, to explain physical evidence or to address a specific mistaken belief in consent. In such cases, defence counsel must bring a Section 276 application before trial, arguing that the probative value of the evidence outweighs its prejudicial effect.
Joseph Neuberger and the team at Neuberger & Partners LLP have extensive experience litigating pre-trial motions, including Section 276 applications. See our video on The Importance of Motions in Sexual Assault Trials for more information.
False or inflated allegations of domestic assault are not uncommon, particularly in the context of acrimonious separations or custody disputes. Defending against them requires a multi-faceted approach:
Evidence Gathering: Text messages, emails, social media posts, call logs, surveillance footage, and financial records may contradict the complainant's account.
Witness Interviews: Private investigators can locate and interview independent witnesses who may support the defence.
Family Law Documents: Documents from family court proceedings may reveal a motive to fabricate, such as gaining advantage in custody or financial disputes.
Expert Evidence: Psychological and forensic experts may assist in evaluating the reliability of the allegations.
Our firm has particular expertise in cases involving criminal charges arising from high-conflict divorces. We work closely with family law counsel to build a comprehensive strategy that protects our clients in both the criminal and civil proceedings.
A peace bond (s.810 of the Criminal Code) is a court order requiring a person to keep the peace and be of good behaviour, usually for a period of up to 12 months. It may include conditions such as a no-contact order or geographic restrictions.
In some domestic and sexual assault cases — typically lower severity matters — the Crown may agree to withdraw the charges in exchange for the accused entering into a peace bond. This is not a criminal conviction, and in many cases the accused does not have to admit to any wrongdoing.
Whether a peace bond is appropriate in your case depends on the specific facts. Contact Neuberger & Partners LLP for advice on whether this option may be available to you.
Criminal harassment (s.264 of the Criminal Code) — commonly referred to as 'stalking' — occurs when a person repeatedly follows, communicates with, watches, or threatens another person in a way that causes them to fear for their safety. Charges commonly arise in the context of relationship breakdowns.
Penalties include up to 10 years imprisonment (indictable) or 18 months (summary), along with potential firearms prohibitions and no-contact orders. An experienced criminal defence lawyer can challenge whether the complainant's fear was reasonable, whether the accused's conduct constituted 'harassment' in law, or whether the allegations are exaggerated or fabricated.
Learn more on our Criminal Harassment / Stalking page.
Human trafficking offences under s.279.01–279.04 of the Criminal Code carry some of the most severe penalties in Canadian criminal law, including mandatory minimum sentences and maximum sentences of life imprisonment in the most serious cases.
A conviction can also result in deportation for non-citizens, asset forfeiture, and being placed on the National Sex Offender Registry if the offence involved a sexual component. These cases are factually complex and require experienced counsel who understands both the criminal and immigration consequences.
Our criminal law firm has successfully defended clients against human trafficking allegations. Visit our Human Trafficking page for more information.
Forcible confinement (s.279(2) of the Criminal Code) is the offence of unlawfully confining, imprisoning, or forcibly seizing another person. It carries a maximum sentence of 10 years (indictable).
This charge frequently arises alongside sexual assault or domestic assault allegations — for example, where it is alleged that an accused prevented the complainant from leaving a room or residence. A skilled criminal defence lawyer will analyze whether the elements of the offence are made out and whether there are overlapping defences applicable to all charges.
Learn more on our Forcible Confinement page.
Internet luring (s.172.1 of the Criminal Code) involves using electronic communication to communicate with a person believed to be under 18 (or under 16 or 14 in specific circumstances) for the purpose of facilitating a sexual offence. Child pornography offences under s.163.1 cover possession, distribution, and production of sexual content involving minors.
Both offence categories carry mandatory minimum sentences and can result in registration on the National Sex Offender Registry. These cases often involve complex digital evidence — police investigations may include undercover operations, computer forensics, and electronic surveillance. Early legal intervention is critical.
Visit our Sexual Exploitation, Internet Luring & Child Pornography Offences page for more information.
A criminal conviction — including for sexual assault or domestic assault — will appear on a standard criminal record check. This can have significant consequences for employment, professional licensing, travel to the United States, and immigration status.
It is important to understand that even a withdrawn charge or a stay of proceedings may appear on certain police record checks (such as a Vulnerable Sector Check) for a period of time. An acquittal does not automatically remove all records. For this reason, having strong legal representation from the outset — to avoid a conviction entirely — is the most effective strategy.
Speak with our team about your specific situation by calling (416) 364-3111 or visiting our Contact page.
In Canada, criminal records are not 'expunged' in the American sense. However, individuals convicted of most criminal offences — including sexual assault — may eventually apply for a Record Suspension (formerly known as a pardon) through the Parole Board of Canada, after completing their sentence and waiting a specified period (5–10 years, depending on the offence).
Note that certain serious sexual offences involving minors are ineligible for record suspensions. Registration on the National Sex Offender Registry is separate from a criminal record and cannot be addressed through a record suspension.
The best way to protect your record is to mount a strong criminal defence and avoid a conviction in the first place. Contact our firm to learn how we can help.
This is an increasingly common situation. When a relationship breaks down, especially in high-conflict circumstances, one or both parties may face criminal allegations arising from events during the relationship. These proceedings interact directly with family court proceedings involving custody, access, and child protection.
Neuberger & Partners LLP has specific expertise in navigating these intersecting legal proceedings. Joseph Neuberger and the team work closely with family law counsel to ensure that the criminal defence strategy accounts for — and ideally benefits from — the family court proceedings, and vice versa.
Learn more on our Criminal Charges in High-Conflict Divorces page.
A no-contact order is a bail condition (or, post-conviction, a probation condition) that prohibits an accused from communicating directly or indirectly with a specified person — usually the complainant. It may also restrict the accused from attending certain locations.
Violating a no-contact order is a separate criminal offence under s.145 of the Criminal Code (failure to comply with a release order) and can result in criminal charges, detention, and a separate conviction. This includes indirect contact — such as asking a friend to relay a message, or communicating via social media.
If you have been charged with a breach of a no-contact order, or if you believe an existing order needs to be varied (for example, to allow communication regarding your children), contact Neuberger & Partners LLP immediately.
Call (416) 364-3111 or contact us online for a free consultation.
Neuberger & Partners LLP — Criminal Defence Lawyers
1392 Eglinton Avenue West, Toronto, ON M6C 2E4 | (416) 364-3111 | nrlawyers.com
Our criminal defence lawyers at Neuberger & Partners LLP understand that any violent offences such as sexual assault, domestic assault, threaten death, criminal harassment, typically arise with in a domestic context and by necessity involve unique issues, such as ongoing family law disputes, high emotions and the effects on other parties (i.e., children, parents, siblings). These cases may require the use of secondary sources including family law documents, witness interviews, and medical and related documentation as a means to construct successful cross-examinations.
In all cases involving violent crimes, a comprehensive knowledge of legal and evidentiary procedures is a must in order to fully and properly defend a client. Our criminal lawyers are highly skilled in cross-examining witnesses and presenting strong legal arguments before the court and members of the jury. Our criminal lawyers take a multidisciplinary approach, working closely with experts in a range of fields, from forensic experts, private investigators, psychologists, technology experts and many other types of experts in order to develop our clients’ defence and assist with their own testimony. For example we will often engage private investigators to re-interview witnesses, to do social media investigations, to seek out new witnesses or to gather important defence evidence in order to provide a comprehensive defence for our clients.
To learn more about our sexual and domestic assault defence practice, please visit the following pages:
Please view our history of recent successes to see details and outcomes of some of our recent cases involving sexual assault, domestic assault and violent crimes.
False sexual assault allegations can devastate reputation, employment, and mental health — even when the accused is ultimately acquitted. This article examines the systemic failure to address harm done to falsely accused individuals, and why legal reform is urgently needed in Canada.
Drawing on Rex v. F.Z. (2023), this piece examines how false allegations can themselves constitute a form of abuse against the accused — and the importance of expert evidence and a multidimensional defence strategy in exposing fabricated claims.
Explores how false memory syndrome can lead to wrongful convictions in sexual assault cases. Examines R. v. Tan (2023 ONSC 3750) — where a complainant's allegation mirrored a film she had watched — and outlines the expert evidence needed to challenge recovered memories at trial.
Examines the evolving and often misunderstood law of consent in Canada — including why popular advice about 'enthusiastic consent' can be both impractical and legally insufficient — and what individuals should know to protect themselves.
When a high-conflict divorce involves allegations of sexual assault against a parent, parental alienation tactics can distort the evidence. This article uses a real case study to explore how the courts must weigh false allegations influenced by one parent's campaign against the other.
A practical guide to the types of evidence police and the Crown rely on in domestic violence prosecutions — 911 recordings, photographs, witness statements, medical records — and why speaking to police without a lawyer is one of the most dangerous things an accused can do.
Examines how improper myths and stereotypes — about both complainants and accused persons — distort fact-finding in sexual assault trials. Includes a review of recent Ontario decisions and explains why challenging flawed judicial reasoning is central to effective defence.
Breaks down the 'twin myths' prohibited under s.276 of the Criminal Code and illustrates — through five real Neuberger & Partners’ cases — how pre-trial applications to admit sexual history and communications evidence are won and how they can make or break a sexual assault defence.
Explains why character references and 'I'm not that kind of person' arguments are rarely helpful — and can be actively harmful — in sexual assault trials. Effective defence must focus on specific evidence, not character, and this article explains why.
Analyzes recent appellate rulings on how prior consistent statements by complainants must be assessed at trial. A crucial read: courts must be careful not to assume that a repeated allegation is more likely to be true — a lie remains a lie regardless of how many times it is told.
A comprehensive breakdown of Bill C-51's amendments to Canada's rape shield laws — including the expanded definition of 'sexual activity,' the complainant's new right to standing at Section 276 hearings, and the serious access-to-justice concerns these changes raise for accused persons.
A focused analysis of how Bill C-51 — dubbed the 'Ghomeshi rules' — expands the rape shield to cover pre- and post-offence communications, and how this shift tilts the balance away from the accused's right to full answer and defence. Includes Joseph Neuberger's direct commentary on the access-to-justice impact.
A focused analysis of how Bill C-51 — dubbed the 'Ghomeshi rules' — expands the rape shield to cover pre- and post-offence communications, and how this shift tilts the balance away from the accused's right to full answer and defence. Includes Joseph Neuberger's direct commentary on the access-to-justice impact.
Reviews R. v. Kruk (2024 SCC 7), where the Supreme Court of Canada declined to recognize 'ungrounded common-sense assumptions' as errors of law. The ruling raises the bar for appeals and places even greater weight on getting the defence right at trial the first time.
In R. v. BB (2023 ONSC 396), Justice Dawe provided a critical framework for assessing recovered memory claims without expert witnesses. The accused was acquitted after the court found the complainant's 'vivid recovered memory' — emerging 30 years later after therapy — was not reliably established.
Examines the rise of anonymous online sexual assault accusations — including social media 'shitlists' — and how they undermine the constitutional rights of the accused. Explores the legal and practical tools available to those targeted by unverified online allegations and why the justice system must respond.
Explains how criminal harassment charges — often filed in the aftermath of relationship breakdowns — can be based on false or exaggerated allegations. Outlines the investigative tools defence counsel use: cellphone records, prior fabrications by the complainant, and independent witness interviews.
Neuberger & Partners LLP | (416) 364-3111 | nrlawyers.com
March 16th, 2026
R.v. N.B.and Why It Matters in Ontario Criminal Law The Ontario Superior Court’s decision in R. v. N.B., [2026] O.J....
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Authored by: Joseph Neuberger Recent developments out of the United Kingdom have reignited an important conversation...
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Joseph Neuberger & Alper Yilmaz In R. v. Aguilar-Lopez, 2025 ONSC 6074, the Ontario Superior Court of Justice granted...
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Three recent cases, R. v. Townsend, 2025 BCCA 459 , R. v. J.A, 2025 ONSC 4531 and R. v. P.G., 2025 ONSC 7018 address what...
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