Sexual Assault Charges in Burlington
If you have been charged with sexual assault, sexual interference, invitation to sexual touching, historic sexual offences, and aggravated sexual assault in Burlington, the consequences are serious. Basic sexual assault (s. 271) has a maximum of 10 years by indictment. There is no mandatory minimum unless the complainant is under 16 (1 year minimum). Sexual assault causing bodily harm (s. 272) carries a maximum of 14 years. Aggravated sexual assault (s. 273) carries a maximum of life imprisonment.
Burlington residents charged with criminal offences will typically have their cases heard at the Milton courthouse, which serves all of Halton Region. For some matters, cases may also be directed to the John Sopinka Courthouse in Hamilton. Halton Regional Police patrols Burlington, and common charges include impaired driving, domestic assault, and fraud. An experienced defence lawyer familiar with both the Milton and Hamilton courts can advise on the best approach for your case.
How We Defend Sexual Assault Charges
Every sexual assault case is different, but experienced defence lawyers look for weaknesses in the Crown’s case at every stage. Common defence strategies include:
- Consent — the complainant communicated voluntary agreement
- Honest but mistaken belief in communal consent
- Challenging credibility through prior inconsistent statements
- Section 276 applications regarding prior sexual history
- Section 278 applications for third-party records
- Charter challenges to police investigation techniques
The Court Process in Milton
Criminal charges laid in Burlington are heard at the Milton Courthouse in Milton. Your first appearance will typically be scheduled within a few weeks of being charged. At that appearance, your lawyer will receive disclosure (the Crown’s evidence against you) and begin assessing the strength of the case.