Sexual Assault

At Motevalli Law Group we specialize in defending clients facing allegations of Sexual Assault. Sexual Assault charges are taken seriously and include lengthy jail sentences and the registration of convicted persons under the SOIRA, a registry system for sexual offenders.

A Sexual Assault is an assault with the additional element of the contact in question being of a “sexual nature” such that the sexual integrity of the alleged victim was violated. This is an objective test which considers whether the reasonable observer would perceive the assault as having the required sexual nature.

In considering the assaults sexual nature, the court must consider all the circumstances of the assault including but not limited to:

  1. The part of the body touched;
  2. The nature of the contact;
  3. The situation in which the contact occurred;
  4. The words and/or gestures that accompanied the contact;
  5. The use of threats or force;
  6. Any intent of the person committing the act that can be derived from the circumstances; and
  7. Whether the motive was for sexual gratification.

Unlike most charges, there is no limitation period on a Sexual Assault charge. Thus, historical Sexual Assault charges are common place in Canadian courts.

The issue of consent and the credibility of the complainant are critical to successfully defending allegations of Sexual Assault. In 2017 Motevalli Law Group was retained by R.J. to defend the client with respect to an alleged Sexual Assault. Following a three day trial in Old City Hall, Toronto the client was acquitted of all charged and held not guilty. See our recent success and testimonials for our proven track record of success.

If you or a loved one is currently being investigated or have been charged with Sexual Assault, contact us today! You are innocent until proven guilty. Call us today!

Recent Success

R v J.R

2017, Toronto, Old City Hall

Charge: Sexual Assault

Result: Not guilty after trial.

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Life happened and I had to call someone at 3 am – only person to answer and he answered so promptly I thought I was talking to a voicemail.

- Sam H.

Excellent service, in the beginning I didn’t know what to think. I would definitely recommend Hossein Motevalli. All charges against me were withdrawn after a 6 day trial was scheduled!

- Lewis L

I was extremely nervous when I was originally charged. Mr. Hossein Motevalli went to all my court dates and was able to have all charges against me withdrawn before trial.

- Gordin M.

I’ve been in and out of court half my life represented by numerous lawyers who were just doing their jobs until I walked into Mr. Hossein Motevalli’s office.

- Ben P.

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