Why Choose Our Legal Defence Team?

Proven Sexual Assault Defence Experience 

Led by Sarah Grewal, an experienced criminal lawyer with a proven track record, our legal team has achieved remarkable outcomes in sexual assault cases, including successfully reducing sentences, obtaining stays of proceedings, and securing acquittals. Our track record includes obtaining favorable results in complex cases, such as cases involving Charter rights violations and cases with immigration consequences.

Comprehensive Legal Strategy 

Our team excels in both intensive trial preparation and strategic negotiations. We understand the unique challenges of sexual assault cases, from challenging evidence admissibility to protecting our clients' constitutional rights. Our extensive courtroom experience at all levels of B.C. courts enables us to effectively navigate these sensitive cases.

Multilingual Support for Our Community

With lawyers fluent in Punjabi, Hindi, French, and Spanish, we ensure clear communication in your preferred language. This multilingual capability is particularly valuable in sensitive sexual assault cases where precise communication is crucial for building a strong defence.

Dedicated Team of Experienced Lawyers 

Our firm brings together lawyers with diverse expertise:

  • Sarah Grewal: Experienced in securing favorable outcomes in serious criminal matters
  • Sophie Saran: Extensive court experience in criminal defence
  • Annie Dosanjh: Specialized in minimizing the challenges clients face in the criminal justice system
  • All supported by our knowledgeable associate lawyers and legal team

Discreet and Compassionate Representation 

We understand the stigma and stress associated with sexual assault charges. Our approach combines aggressive defence strategies with respectful, confidential client service. We ensure you're informed and supported throughout every stage of the legal process.

What Are Sexual Assault Charges?

Under Section 271 of the Criminal Code of Canada, sexual offences, including sexual assault are defined as any assault committed in circumstances of a sexual nature that violates the sexual integrity of the victim. Sexual assault charges in Canada are categorized into three levels:

Level 1 Sexual Assault

Involves unwanted sexual touching or activity without consent, causing minor physical injuries or no injuries.

Level 2 Sexual Assault (Section 272)

More serious charges involving:

  • Use or threat of a weapon
  • Threats to a third party
  • Causing bodily harm
  • Multiple assailants

Level 3 Sexual Assault (Section 273)

This is the most severe category, involving:

  • Wounding
  • Maiming
  • Disfiguring
  • Endangering the victim's life

An accusation of sexual assault can have profound consequences, including potential imprisonment, mandatory registration as a sex offender, and lasting impacts on your personal and professional life. The severity of penalties varies based on factors such as:

  • The nature and circumstances of the offence
  • Whether weapons were involved
  • The extent of injuries
  • Prior criminal history

Given these serious implications, seeking immediate legal representation is crucial to protecting your rights and effectively navigating the complex legal process.

What Is the Punishment or Sentence for Sexual Assault in Canada?

Under Section 271 of the Criminal Code of Canada, sexual assault convictions carry specific sentences that apply uniformly across all provinces and territories, including British Columbia. These federal penalties are enforced whether the offence occurs in Surrey, Vancouver, or anywhere else in Canada.

As an Indictable Offence

  • Maximum imprisonment of 10 years
  • If the complainant is under 16 years:
    • Maximum imprisonment of 14 years
    • Mandatory minimum sentence of 1 year

As a Summary Conviction

  • Maximum imprisonment of 18 months
  • If the complainant is under 16 years:
    • Maximum imprisonment of 2 years less a day
    • Mandatory minimum sentence of 6 months

Additional Consequences

Criminal Record

  • Permanent record affecting:
    • Employment opportunities
    • Travel abilities
    • Immigration status
    • Professional licensing

Sex Offender Registration

  • Mandatory registration under the Sex Offender Information Registration Act
  • Regular reporting requirements
  • Travel restrictions
  • Residency restrictions

Aggravating Factors That May Increase Sentence

  • Use of weapons
  • Multiple assailants
  • Position of trust
  • Prior criminal record
  • Severity of physical/psychological harm to victim
  • Premeditation

If you’re charged with sexual assault in Surrey, this serious offense requires immediate legal representation from an experienced sexual assault defence lawyer in Surrey to protect your rights and ensure the best possible defence strategy.

Potential Defences for a Sexual Assault Charge

When confronted with a sexual assault charge, understanding the possible defences is critical to building a robust case. The defences available can vary based on the circumstances of each case. Here are some potential strategies:

  • Consent: One of the most common defences is demonstrating that the alleged victim consented to the sexual activity. Consent must be clear and unequivocal, and establishing this can involve presenting communications, witness testimonies, or behavioral evidence that supports the existence of mutual consent.
  • Mistaken Identity: In some cases, it’s possible to prove that the accused was not involved in the alleged incident due to mistaken identity. This defence relies on establishing a solid alibi or highlighting discrepancies in witness testimonies or identification procedures. Evidence such as security video footage, digital communications, or credible testimonies can support this defence.
  • False Allegations: Another defence involves establishing that the allegations are either fabricated or exaggerated. This might arise from personal conflicts, revenge motives, or external pressures. A thorough investigation can help uncover inconsistencies in the accuser’s story or provide evidence of ulterior motives, undermining the charges' credibility.
  • Lack of Intent: Sometimes, it can be argued that the accused's actions were either misinterpreted or accidental, negating any criminal intent. This might involve demonstrating that behaviors were misunderstood or that physical contact was unintentional. Providing context and clearing up misunderstandings can be critical in such cases.
  • Insufficient Evidence: A critical aspect of any defence strategy is challenging the prosecution's capacity to prove the accusations beyond a reasonable doubt. This involves a meticulous review of the evidence, questioning the reliability of witness statements, and highlighting gaps or inconsistencies in the prosecution's case. This defence underscores the principle that the burden of proof lies with the prosecution.

Take Action Now: Work With Our Sexual Assault Lawyer in Surrey

If you or someone you care about is confronting sexual assault charges in Surrey, it's crucial to secure skilled legal representation immediately. Contact our firm to explore your defence options. We are here to provide discreet, professional services and offer a free initial consultation to discuss your case confidentially. 

Don’t wait. Contact us today for a free confidential consultation to discuss your case with our experienced sexual assault defence team.

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