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If you have been charged with sexual assault in Ontario, the stakes could not be higher. A conviction carries the risk of federal imprisonment, mandatory registration on the National Sex Offender Registry, and a permanent criminal record. Do not wait. Call Neuberger & Partners LLP now at (416) 364-3111 for a free consultation with our sexual assault lawyers.
Sexual assault cases are among the most serious and complex matters in the Canadian criminal justice system. Recent legislative changes to the Criminal Code of Canada — including Bill C-51's expanded rape shield provisions — have added significant procedural layers to the admissibility of crucial defence evidence. Without an experienced sexual assault lawyer who understands these evolving requirements, vital evidence can be excluded and an innocent accused can be wrongly convicted.
At Neuberger & Partners LLP, our team has defended sexual assault cases at every level of court in Ontario — from the Ontario Court of Justice through to the Superior Court and the Court of Appeal. Founded in 1993, our Toronto criminal defence firm has spent over 30 years developing the investigative techniques, legal expertise, and trial skills required to achieve results in the most challenging sexual assault cases.
Our lead counsel, Joseph A. Neuberger, is widely regarded by the courts and the criminal defence bar as one of Ontario's most experienced and skilled sexual assault defence lawyers. With a career spanning more than three decades, Joseph Neuberger has successfully defended well over a thousand clients on sexual assault and related charges, including some of Ontario's most high-profile cases.
The earlier you retain experienced defence counsel, the stronger your defence can be. Book Your Free Consultation →
Our firm defends the full range of sexual assault and related offences under the Criminal Code of Canada, including:
Each charge carries its own evidentiary requirements, mandatory minimums, and potential sentencing consequences. Our sexual assault lawyers conduct a detailed, charge-specific analysis from day one. View our Recent Successes for examples of outcomes across these charge categories.
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...
These are the questions our lawyers hear most often from people who have just been charged or accused of sexual assault in Ontario.
The most important step is to retain an experienced sexual assault defence lawyer before speaking to anyone else — including police. You have the constitutional right to remain silent and the right to counsel under the Canadian Charter of Rights and Freedoms. Exercise both immediately. Do not provide a statement, do not contact the complainant, and do not discuss the matter with friends or family whose conversations are not privileged. Then call Neuberger & Partners LLP at (416) 364-3111.
The most common and effective defences include: consent (the complainant did in fact consent to the sexual activity); honest but mistaken belief in consent (the accused took reasonable steps to ascertain consent); credibility and reliability of the complainant (exposing inconsistencies, prior fabrications, or motive to lie); identity (challenging that the accused is the person responsible); and Charter violations (excluding evidence obtained through unlawful searches or rights violations). The right defence depends entirely on the specific facts of your case — which is why speaking with an experienced sexual assault lawyer immediately is essential.
Yes — but it is the Crown Attorney's decision, not the complainant's. Even if the person who made the allegation no longer wants to proceed, the Crown can still pursue the case if they believe there is a reasonable prospect of conviction and that doing so is in the public interest. An experienced sexual assault lawyer can work proactively with the Crown — presenting evidence of insufficient proof, complainant credibility concerns, or other factors — to secure a withdrawal or stay of proceedings before trial.
Section 276 of the Criminal Code restricts the use of a complainant's prior sexual history as evidence at trial. In some cases, however, that history is genuinely relevant to the defence — for example, to explain physical evidence or to address a specific context for the alleged encounter. Where this is so, defence counsel must bring a pre-trial application demonstrating that the evidence is relevant for a purpose other than the twin myths prohibited by the provision, and that its probative value outweighs its prejudicial effect. The Neuberger & Partners team has a strong track record in winning Section 276 applications.
A conviction for sexual assault can result in federal imprisonment (ranging from months to life, depending on the level of the offence), mandatory registration on the National Sex Offender Registry (SOIRA), a permanent criminal record, DNA orders, firearms prohibitions, and serious immigration consequences. For non-citizens, deportation is a real risk. This is why achieving the best possible outcome at the defence stage — rather than on appeal — is critical.
Timeline varies significantly based on complexity and whether the case proceeds in the Ontario Court of Justice or Superior Court of Justice. Straightforward cases may resolve in 12–18 months. Complex multi-day or jury trials can take 2–4 years or more. Under R. v. Jordan (2016 SCC 27), there are constitutional ceilings of 18 months (provincial court) and 30 months (superior court) beyond which unreasonable delay may result in a stay of proceedings. Our lawyers actively track timelines and use Jordan strategically as part of the overall defence.
Canada's Criminal Code establishes three levels. Level 1 (s.271) covers unwanted sexual touching — the most common charge, with a maximum of 10 years imprisonment. Level 2 (s.272) involves a weapon, threats to a third party, or bodily harm, carrying a maximum of 14 years. Level 3 — aggravated sexual assault (s.273) — is the most serious, involving wounding, maiming, disfiguring, or endangering the complainant's life, with a maximum of life imprisonment. Each level has different mandatory minimums and SOIRA registration periods.
Sexual assault within a marriage or dating relationship is just as serious in law as an assault by a stranger. However, these cases frequently involve a rich evidentiary record — messages, emails, shared photographs, financial records — that an experienced sexual assault defence lawyer can use to establish consent, context, or motive to fabricate. Many such allegations also arise in the context of a relationship breakdown or custody dispute. Our criminal law firm has particular expertise in cases where criminal allegations intersect with family court proceedings. See our page on Criminal Charges in High-Conflict Divorces.
Yes, potentially very seriously. Non-citizens convicted of sexual assault face significant immigration consequences, including possible inadmissibility and deportation proceedings under the Immigration and Refugee Protection Act (IRPA). Even a suspended sentence or conditional discharge in some circumstances can trigger immigration consequences. If you are not a Canadian citizen, it is essential that your criminal defence lawyer is aware of this dimension from day one so that the defence strategy can be planned with immigration risks in mind.
Canada does not have expungement in the American sense. However, most individuals convicted of sexual assault may eventually apply for a Record Suspension (formerly a pardon) through the Parole Board of Canada after completing their sentence and serving the required waiting period (typically 5–10 years depending on the offence). Some serious sexual offences involving minors are permanently ineligible for record suspension. Registration on the National Sex Offender Registry is separate from the criminal record and is not addressed through a record suspension. The most effective protection is avoiding a conviction entirely through a strong defence.
Criminal defence fees depend on the nature and seriousness of the charge, the volume and complexity of the disclosure, whether the matter proceeds to trial, and whether expert witnesses or other resources are required for your sexual assault case. Case complexity may also include the scope of defence materials, evidence, and any defence investigation — such as hiring a private investigator, conducting social media research, or retaining a digital expert. At Neuberger & Partners, we operate on a private retainer basis. During your initial consultation, we assess the specifics of your case and provide a clear outline of the anticipated defence strategies, the scope of work, and a range of associated fees before you retain the firm. We understand that no one budgets for a serious sexual assault law emergency in their life. At this very vulnerable time, we work hard to arrive at a fee structure and a monthly payment plan which will provide you with the best possible defence, utilizing multiple resources in our firm to accommodate your financial situation. While we bring a team-based approach to your case, there is never any double or overlapping billing. The work done for you will have a dedicated sexual assault lawyer assigned to the matter, while other team members will contribute to the building of your defence as well.
When your life is on the line, finding expert criminal lawyers who specialize in sexual assault cases is imperative. The three levels of sexual assault carry vastly different sentencing ranges:
Maximum 10 years imprisonment (indictable) or 18 months (summary conviction). If the complainant is under 16, a mandatory minimum sentence applies. A conviction typically triggers a 10-year registration on the National Sex Offender Registry (SOIRA).
Maximum 14 years imprisonment (indictable). Mandatory minimum sentences apply where the complainant is under 16.
Maximum life imprisonment. This is the most serious category, involving wounding, maiming, disfiguring, or endangering the life of the complainant. SOIRA registration is mandatory for life.
There is no generic defence to a sexual assault charge. Every case turns on its own facts, its own evidence, and its own legal issues. Our approach is comprehensive, investigative, and built around the specific strengths and vulnerabilities of your case.
From the first consultation, we assess the strength of the Crown's case, identify the most viable defence strategies, and advise you on what to do — and crucially, what not to do. This includes guidance on your right to silence, preserving your own evidence, and avoiding the most common mistakes accused persons make in the early stages.
Deep Pre-Trial Investigation
Section 276 (rape shield) applications, third-party records applications, Charter applications, and voir dires are the battlefield before the trial even begins. Joseph Neuberger and the Neuberger & Partners team are recognized for their skill in bringing and winning complex pre-trial motions that shape the course of a trial.
The credibility of the complainant is frequently the central issue in a sexual assault trial. Our lawyers are highly skilled cross-examiners who methodically test the consistency, reliability, and motive of complainant testimony — using prior statements, digital evidence, and expert analysis to expose weaknesses in the Crown's case.
Where a sexual assault allegation arises in the context of a separation, divorce, or custody dispute, the criminal and family court proceedings are deeply interconnected. Our firm has specific expertise in criminal charges arising from high-conflict divorces, and we work closely with family law counsel to develop a strategy that protects you in both forums.
When your freedom, your career, and your reputation are at risk, the sexual assault lawyer you choose matters enormously. Here is why accused persons across Ontario trust our firm:
Call (416) 364-3111 or contact us online for a confidential, no-obligation consultation. Contact Our Firm →
Sexual assault charges frequently arise alongside or overlap with other serious criminal offences. Our firm handles the full spectrum of related matters:
The lawyers at Neuberger & Partners publish regular case law updates, legal analysis, and commentary on sexual assault defence in Canada. The following articles are directly relevant to the issues on this page. Browse all articles →
Analyzes a landmark UK Supreme Court warning that rape shield provisions — when applied too rigidly — can improperly restrict an accused's ability to mount a full defence. Examines the implications for Canadian sexual assault trials and the importance of pre-trial motion practice.
In R. v. Aguilar-Lopez (2025 ONSC 6074), the Ontario Superior Court granted a new trial after finding that the trial judge failed to properly account for video evidence that directly contradicted the complainant's testimony. A critical reminder that digital evidence can change the outcome of a case.
Reviews three recent cases — R. v. Townsend (2025 BCCA 459), R. v. J.A. (2025 ONSC 4531), and R. v. P.G. (2025 ONSC 7018) — examining how courts assess post-offence conduct by the accused as evidence of guilt, and the limits of that inference in sexual assault and violent crime trials.
In R. v. A.B. (2025 ONSC 6359), Justice Rees concluded that memories recovered during therapy — surfacing decades after an alleged assault — were not sufficiently reliable to support a conviction. An essential read for historical sexual assault cases involving recovered or repressed memory claims.
Examines how false memory syndrome can lead to wrongful sexual assault convictions, including R. v. Tan (2023 ONSC 3750) where a complainant's allegation mirrored a film she had watched. Outlines expert evidence strategies to challenge recovered memories at trial.
Reviews recent appellate rulings on how prior consistent statements by complainants must be assessed — including the principle that a repeated allegation is not a more credible one. Key reading for understanding credibility assessment in sexual assault trials.
Breaks down the 'twin myths' prohibited under s.276 and illustrates — through five real NR Lawyers cases — how pre-trial applications to admit sexual history and communications evidence are won. Essential reading for understanding Section 276 litigation strategy.
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 from false accusations.
Comprehensive breakdown of Bill C-51's amendments to Canada's rape shield laws — including the expanded definition of 'sexual activity,' the complainant's right to standing at Section 276 hearings, and the serious access-to-justice concerns these changes raise for the accused.
Even when an accused is acquitted, false sexual assault allegations cause lasting damage to reputation, employment, mental health, and family. This article examines the systemic failure to provide redress for falsely accused individuals and why legal reform is urgently needed in Canada.
Reviews R. v. Kruk (2024 SCC 7), where the Supreme Court of Canada declined to recognize 'ungrounded common-sense assumptions' as errors of law — raising the bar for appeals and placing even greater weight on getting the defence right at trial the first time.
Subscribe to our Sexual Assault Law Updates Newsletter to receive regular case law updates and legal commentary from the Neuberger & Partners team, direct to your inbox.
If you or someone you know has been charged with sexual assault or a related offence anywhere in Ontario, do not delay. The earlier experienced defence counsel is involved, the more options are available and the stronger your defence will be. Call (416) 364-3111 or contact us online for a free, confidential consultation. We serve clients in Toronto, Mississauga, Newmarket, Markham, Etobicoke, Scarborough, Brampton, and across the Greater Toronto Area and Ontario.
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....
Read MoreMarch 6th, 2026
Authored by: Joseph Neuberger Recent developments out of the United Kingdom have reignited an important conversation...
Read MoreMarch 4th, 2026
Joseph Neuberger & Alper Yilmaz In R. v. Aguilar-Lopez, 2025 ONSC 6074, the Ontario Superior Court of Justice granted...
Read MoreFebruary 27th, 2026
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...
Read More
