Sexual Assault Charges in Markham
If you have been charged with sexual assault, sexual interference, invitation to sexual touching, historic sexual offences, and aggravated sexual assault in Markham, 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.
Criminal charges in Markham are heard at the Newmarket courthouse, which serves all of York Region. York Regional Police patrols Markham and surrounding communities. Like neighbouring Richmond Hill, Markham has a large and diverse immigrant population, and immigration consequences of a criminal conviction — including inadmissibility, loss of permanent resident status, or deportation — are a critical factor in defence strategy for many clients facing charges.
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 Newmarket
Criminal charges laid in Markham are heard at the Newmarket Courthouse in Newmarket. 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.