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Edmonton Sexual Assault Lawyer

When sexual assault trials go wrong, the appeals come to us. We would rather win yours the first time.

If you have been charged, the most important decision you will make is who prepares your defence. At Purser Law, preparation is not a slogan: we begin preparing our clients to testify at least one month before trial, in weekly sessions. To date, no client who completed that preparation has been convicted of sexual assault.

Past results do not guarantee your outcome, but preparation is the part of your case you control.

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Free 30-minute consultation

Jury trials and appeals, up to the Court of Appeal and the Supreme Court of Canada

Stacey PurserFounder · Criminal Trial & Appeal Lawyer

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Defending Against Sexual Assault Charges

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The Law

What Is Sexual Assault Under Canadian Law?

Sexual assault under section 271 of the Criminal Code is any intentional touching of a sexual nature without consent. The law centres on consent, not violence. No injury is required, and no witnesses are required.

Two things surprise almost everyone we meet. First, contrary to popular opinion, no evidence other than the Complainant’s testimony is required for the Crown to seek a conviction. Second, there is no statute of limitations. We have defended allegations brought decades after the events were said to have happened.

The offence turns on consent (s. 273.1), which must be affirmatively communicated.

Testimony alone can support a conviction; corroboration is not required.

Allegations can be laid at any time, with no limitation period.

A charge is an allegation, not a finding; the Crown must prove it beyond a reasonable doubt.

For a fuller plain-language explainer, see what is sexual assault in Canada.

The Stakes

Penalties and Consequences of a Sexual Assault Conviction

The honest answer to “am I going to jail?” is that it depends on the facts, and the exposure is serious. Sexual assault can proceed summarily or by indictment, and indictable convictions carry the possibility of years in a penitentiary. Where the Complainant is under 16, mandatory minimums apply. [Lawyer to verify current ranges before publishing.]

Jail is only the beginning of the list. A conviction typically brings registration under SOIRA, the national sex offender registry. It can bring firearms prohibitions. For permanent residents, it can mean removal from Canada; we have seen deportation turn on the difference between one conviction and another, which is why we fight over that difference. And a conviction follows you through employment checks, travel, and reputation permanently.

This is why these files are defended with everything available, and why decisions made in the first weeks matter so much.

Protect Yourself

What to Do If You’re Charged or Under Investigation

Do not speak to police about the allegations.

Police may say they just want your side. You have the right to silence. Use it until you have counsel. Politely say: “I want to speak to a lawyer.”

Do not contact the Complainant.

Not to explain, not to apologize, not through friends. Contact can breach conditions and becomes evidence.

Preserve everything.

Texts, social media, photos, receipts, location data. Delete nothing. In our experience, message threads win these cases more often than speeches do.

Write down your timeline now.

Privately, for your lawyer, while memory is fresh.

Do not discuss the case with anyone except your lawyer.

Friends can be subpoenaed.

Call a sexual assault lawyer immediately.

The earliest decisions are the ones you cannot take back.

The Defence

How We Defend Sexual Assault Charges

Most sexual assault trials come down to two accounts of the same events. The legal battleground is consent, credibility, and what evidence the court is allowed to hear.

Consent and honest but mistaken belief

Consent must be communicated, and a belief in consent must be both honest and reasonable, with steps taken to ascertain it. These defences have real limits, and knowing where the limits sit is the difference between a defence that works and one that collapses mid-trial.

Credibility

Judges assess testimony under the framework from R v W.(D.). The practical point: your evidence does not need to be believed outright to win. If it leaves the judge or jury with a reasonable doubt, that is enough. Preparing you to give that evidence well is the core of our method.

What evidence gets in

Since the Criminal Code changes that followed the “me too” era, admissibility has narrowed. Sexual-history evidence requires a s. 276 application. Records in third parties’ hands require their own application. We have won cases at this stage; in one, an application to cross-examine the Complainant on text messages inconsistent with her account ended with the Crown staying the charges before trial.

Why we often recommend a jury

Due to the highly charged nature of sexual assault prosecutions, we frequently recommend electing trial by Judge and Jury where available. Not for every case, but for most. Jury trials are a different craft from judge-alone trials, and your lawyer should have run both. If a conviction has already happened, appeals are our other home ground: see sexual assault conviction appeals.

Our Approach

Testimony Preparation

Preparation is the key to a successful trial, and testimony is where these trials are won or lost. We begin preparing our clients to testify at least one month before trial, with weekly sessions. You will have thought about the hard questions long before a prosecutor asks them, so you can testify comfortably and present your side of the story at your best.

To date, no client who completed this preparation has been convicted of sexual assault.

That is a historical fact about our files, not a promise about yours; every case turns on its own facts and no outcome can be guaranteed. What we can promise is the preparation itself.

The Purser Law Team

The Road Ahead

The Court Process in Edmonton

Bail

Most sexual assault charges come with release conditions, often no-contact terms. Unworkable conditions can be varied by application. Bail for sexual assault charges.

Disclosure

The Crown must provide its evidence: statements, messages, police notes. No serious decision gets made before we have read all of it.

Election

For most sexual assault charges you choose the mode of trial. Judge alone or Judge and Jury is a strategic decision we make together, and it is one of the most important in the case.

Trial

The Crown goes first. Whether and how you testify is decided with counsel, and if you do, you will be prepared for it in the way described above.

Appeal

A conviction is not always the end. Appeals run on legal error, and finding those errors is the founding practice of this firm. Appealing a conviction.

Proven in Court

Notable Cases

Past results do not guarantee a similar outcome. Every case is decided on its own facts.

Charge	Court	Outcome
Sexual assault	ABKB, 2023 (unreported)	Crown stayed (i.e., dropped) the charges after our application to cross-examine the Complainant on inconsistent text messages, sparing our client a Jury Trial
Sexual assault	ABQB, 2022 (unreported)	Acquittal after successfully defending against a Crown pre-trial application to admit prejudicial evidence
Child sexual assault	ABQB, 2022 (unreported)	Acquittal on all charges; the trial judge could not discount the Complainant’s motive to fabricate
Sexual assault	ABQB, 2021 (unreported)	Conviction overturned on breach of the right to adequate interpretation; client and family spared deportation
Sexual assault	ABQB, 2021 (unreported)	Unanimous jury acquittal for a client we believe was wrongfully accused
Sexual assault of a minor (2 counts)	Alberta Court of Appeal, R v G.T., 2021 ABCA 75	Substituted verdicts of acquittal on appeal, with no re-trial required
Sexual assault	ABQB, 2020 (unreported)	Conviction substituted to simple assault; sentence reduced from 12 to 5 months, preserving our Permanent Resident client from deportation
Child sexual assault	ABQB, 2019 (unreported, summary conviction appeal)	Conviction overturned; the trial judge applied uneven scrutiny to the accused’s evidence
Youth sexual assault	NWT Court of Appeal, R v J.C., 2018 NWTCA 5	Conviction overturned as an unreasonable verdict, a notoriously difficult ground of appeal
Sexual assault	ABQB, 2017 (unreported)	Crown agreed to overturn the conviction and not re-prosecute, on insufficient reasons for judgment

What Clients Say

Client Reviews

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Common Questions

Frequently Asked Questions

Can I be convicted of sexual assault with no physical evidence?

Yes. In Canada, the Complainant’s testimony alone can support a conviction; no physical evidence or other witnesses are required. That is exactly why credibility dominates these trials, and why we prepare every client’s testimony for weeks before trial rather than days.

Is there a time limit for sexual assault charges in Canada?

No. There is no statute of limitations, and charges can be laid decades after the alleged events. Historical allegations bring their own defence issues, including faded memories and missing records, which an experienced defence lawyer knows how to use.

What is the sentence for sexual assault in Canada?

It ranges widely with the facts, from non-custodial outcomes to years in a penitentiary, with mandatory minimums where the Complainant is under 16. Sentences are only part of the picture: registry, immigration, and employment consequences often matter as much. [Lawyer to verify current figures.]

Will I have to register as a sex offender?

A conviction for sexual assault typically results in a SOIRA registration order. Length depends on the offence and history. Avoiding conviction is the only reliable way to avoid the registry, which is one more reason these files are worth fighting properly.

Should I choose a jury trial for a sexual assault charge?

Often, yes. Due to the charged nature of these prosecutions, we frequently recommend electing Judge and Jury where available, though not in every case. The choice is strategic and should be made with a lawyer who has actually run jury trials.

Can a sexual assault conviction be appealed?

Yes, on legal error, and appeals are this firm’s founding practice. We have overturned sexual assault convictions at the Alberta Court of Appeal and the NWT Court of Appeal, on grounds including unreasonable verdict and uneven scrutiny of the evidence.

What should I do if police want to interview me?

Say you want to speak to a lawyer, then say nothing about the allegations. You are required to identify yourself, not to explain yourself. Police interviews in these investigations are evidence-gathering exercises, and statements made without counsel routinely become the Crown’s best exhibit.

How much does a sexual assault lawyer cost in Edmonton?

It depends on the stage and complexity, from resolution before trial to a full jury trial or appeal. We discuss fees openly in the free 30-minute consultation, so you know the structure before committing to anything.

Free 30-Minute Consultation

The first conversation costs nothing and changes everything about how the next months feel. Bring your paperwork and your questions. We will tell you honestly where your case stands, what we would do with it, and what it costs.

780-851-7435

Purser Law
10237 104 Street NW #200
Edmonton, AB T5J 1B1

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Request a Free, Confidential Consultation

We respond within one business day. Everything you share is confidential.

Confidential. No obligation. Prefer to talk? Call 780-851-7435.