Sexual Assault Charges in Whitby
If you have been charged with sexual assault, sexual interference, invitation to sexual touching, historic sexual offences, and aggravated sexual assault in Whitby, 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 from Whitby are heard at the Durham Region Courthouse in Oshawa at 150 Bond Street East. Durham Regional Police patrols Whitby and surrounding communities. Cases from across Durham Region — including Whitby, Oshawa, Ajax, Pickering, and Clarington — are all heard at this courthouse. Common charges include domestic assault, impaired driving, drug offences, and theft.
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 Oshawa
Criminal charges laid in Whitby are heard at the Durham Region Courthouse in Oshawa. 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.