Sexual Assault Charges in Kitchener
If you have been charged with sexual assault, sexual interference, invitation to sexual touching, historic sexual offences, and aggravated sexual assault in Kitchener, 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.
The Kitchener courthouse at 85 Frederick Street serves Waterloo Region, including Kitchener, Waterloo, and Cambridge. Waterloo Regional Police handles law enforcement across the region. The presence of two universities — the University of Waterloo and Wilfrid Laurier University — contributes to a range of criminal charges including drug offences, assault, and impaired driving. The courthouse handles both Ontario Court of Justice and Superior Court of Justice matters.
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 Kitchener
Criminal charges in Kitchener are heard at the Kitchener Courthouse. 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.