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Sexual Assault Links
Sandy C
1 week ago
★★★★★ I was devastated by the allegations that had been made, my life and career was in jeopardy. I called and spoke Nick who was able to explain how he could help me. I was immediately relieved that someone was going to help. The lawyer took care of everything I didn’t have to appear in court, and the charges where ultimately dropped. This lawyer saved my future and I am forever grateful.
Rick A.
2 weeks ago
★★★★★ I was charged by the police for sexual assault and I was scared. Everything stemmed from an innocent date after a work function with a coworker that went bad. The police locked me up and told me that I was not getting out for a long time. I have no criminal record let alone a parking ticket. When I had all but lost hope about situation my family found Nicholas Charitsis. He came and visited me at the jail where I was being held. Nicholas gave me hope when all hope was lost. First it was the bail hearing. He got me out. Then it was the pretrials. He was solid as a rock breaking down the lies of my accuser. Then it was the trial. Nicholas was a true warrior in the courtroom. He fought and fought for justice until the jury agreed that I was not guilty. This was the turning point in my life. I Owe my freedom and everything in between to Nicholas. His skill as a lawyer and a good human being is summarized in my case. The struggle was long and hard but the results speak for themselves.
Mona Cuison
3 weeks ago
★★★★★ If I could give him 10 stars I would! This lawyer is beyond excellent, he was on top of everything and was extremely prepared at the trial. When the judge asked him to provide a case similar to the one we were fighting Nicholas pulled out 10 cases from his briefcase to show the judge the law. We really felt comfortable and in good hands with Nicholas right from the start. He cares about his client’s and his focus is always to find a way to win even when things look bleak. Thanks Nick. You will not find a more skillful, trustworthy and hard working lawyer than him!
tg workneh
1 month ago
★★★★★ Great lawyer. I read the reviews and after talkings to him he immediately made me feel comfortable with my situation. Nicholas is honest and really cares about his clients. Excellent attributes for a lawyer. Most important Nick gets results. He explains everything in simple terms and then comes through with his strategy to win.
Shiva
1 month ago
★★★★★ I met him with wet eyes, I did have much hope because he was promising the result that I couldn’t even imagine. I chose him not because of the result what he promised but I interviewed the people who are sitting or waiting for him to meet in his office. Now, My result is out and I am the evidence that he saved my life. He is fantastic.
Ray Fraser
2 weeks ago
★★★★★ Nicholas Charitsis is such a polite and excellent lawyer. A few months ago I ran into some legal troubles and I was referred to Nicholas by a colleague. He assured both me and my family that he would take care of us. He delivered on that promise, resulting in all my charges being dismissed. There was so much on the line for me, and he understood that, and having him as my lawyer was the best decision I have ever made!
James R. Ottawa
3 weeks ago
★★★★★ I found Nicholas Charitsis while I was desperately looking for legal advice to help me with a first time offence minor domestic charge that occurred due to being in a toxic relationship. The crown wanted to proceed with a suspended conviction, meaning I would have a criminal record, while being in school and looking for employment. However thanks to Nick and his teams quick and efficient efforts they were able to get the charge dropped completely. There was no way I could have gotten these results on my own. Thank you!
Dennis Moustakakis
1 month ago
★★★★★ I can’t thank these lawyers enough for his honest and dedicated service in handling my case. My lawyer did exactly what he promised he would do with no B.S. He was there for me every time I needed him and his office was very helpful whenever I called in to ask questions about the progress of my case. I was really impressed with the level of respect he got from his colleagues and the judges whenever I attended court with him. It was clear to me that I got the best lawyer for the job.
Hoo W
1 month ago
★★★★★ I have to say that I am very happy that I hired Nicholas for my domestic assault case. This is my honest review. I found Nicholas very approachable and likeable. After interviewing several lawyers before him, I decided to hire Nicholas the same day I met him. He wasn’t on call for me all the time but I found him to communicate fairly effectively. He would sometimes respond to my e-mails at late hours, which is something I found to be very good because it showed him to be a hard worker. He has an amazing memory and somehow remembers my case when I speak to him on the phone without him even having his notes. His work is top notch. He really takes the time to make sure everything is in order. I am very satisfied.
John Stocco
1 month ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted them, I was put as ease. The lawyer was simply outstanding to watch when cross-examining the officer who charged me. In the end, I was acquitted thanks only to the expertise of this lawyer, the crown, nor me saw it coming! If you have been charged with a criminal offence then I would highly recommend!
Patricia Lachapelle
2 months ago
★★★★★ A big thank-you to Nicholas and Mustafa for their professionalism in handling my case and getting my impaired driving & over 80 charges dismissed. I couldn’t be more satisfied with this outcome and I will forever be grateful. I can now proceed with my life without the worry of having a criminal conviction on my record. I highly recommend these lawyers and I can confidently say you will not be disappointed with their services.
Ruban Singh
2 months ago
★★★★★ Excellent Lawyer. He got all of my charges dropped at the Ottawa court house just like he promised he would. Nick & Mustafa are the lawyers you can trust. I wouldn’t hesitate recommending him to any of my friends or family that may happen to get into trouble.
Sarah Lopez
3 months ago
★★★★★ In a time of distress, Nick and Mustafa, handled my case with empathy, care, and absolute professionalism. A case that was supposed to take months, was withdrawn within days. I cannot explain the relief one can feel when a dark situation is behind them so quickly. Initially, I consulted with several different lawyers about my case, and I can confidently say, Nick and Mustafa were two of the most knowledgeable lawyers I have spoken with. The most important part was the urgency they placed on my case. I am beyond grateful for Nick and Mustafa for all of their efforts through this process. Thank you again and again.
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
More Google Reviews >Ottawa Sexual Assault Lawyers
Navigating Sexual Assault Charges: A Guide for Accused Individuals
As sexual assault lawyers we know that, what you do after the police have charged you can affect your case.
If you have been accused or charged with a sexual assault, it is essential to seek advice from one of our lawyers act and properly prepare you and your case for trial.
The actions you take after being charged can significantly impact your case, and it is vital to proceed carefully.
Sexual Assault Lawyer's Advice
If you have been accused, there are several immediate steps you can take to protect yourself, including:
- Refrain from making any statements regarding the incident
- Speak to one of our sexual assault lawyers as soon as possible
- Never discuss the incident with the alleged victim, their friends, or relatives
- Keep any bail conditions imposed by the court after a bail hearing
Our sexual assault lawyer can advise you on how to proceed with your case, including publication bans and help you build a strong defence.
We’ll can review the evidence, speak and deal with the crown attorney, cross-examine witnesses, and provide legal guidance throughout the trial process.
What a Sexual Assault Lawyer Does
Sexual assault lawyers are legal professionals who have experience and expertise defending persons charged with sexual assault offences.
Unfortunately, many people who have been accused of sexual assault find their personal information made public and are subjected to media scrutiny. Regardless of the grounds for the charge, it is crucial to protect your rights.
Our sexual assault lawyers are highly experienced with Publication Bans, the Ottawa legal system, and dealing with Ottawa Crown Attorneys.
The criminal lawyers of Charitsis Sheikh LLP can provide legal advice, help understanding the allegations and guidance dealing with the Crown attorney’s office. As defence lawyers we can usually appear in court for the accused, so they don’t have to.
We provide winning trial strategies and can represent accused persons throughout the criminal process. Where you or a loved one has been accused of a sexual assault, contact our office for a free consultation with a defence lawyer.
Sexual Assault Court Appearances
Many times our clients do not wish to appear in court to avoid any unwarranted media exposure of a sexual assault allegation.
As your defence counsel we can appear on your behalf. Our clients can forgo appearing in the public courtroom, and a lawyer will appear in your place.
As a service to our clients, a lawyer can appear on most if not all court appearances without the need for the accused to appear in court.
Where the accused is concerned about court appearances, media exposure and reputations we suggest that a media ban applied for and put in place by the court.
Sexual Assaults Penalties
- media exposure
- all criminal proceedings
- requirements to be registered as a sex offender
- DNA Samples taken as well as fingerprints & photographs
- travel, work & employment restrictions
- imprisonment for a term of not more than 10 years
- Where the complainant is under the age of 16 years,
- to imprisonment for a term of not more than 14 years
- minimum punishment of imprisonment for a term of one year
- imprisonment for a term of not more than 18 months or,
- if the complainant is under the age of 16 years,
- to imprisonment for a term of not more than two years less a day and
- a minimum punishment of imprisonment for a term of six months.
- Mandatory requirement to provide DNA
- Registration as a sex offender
- Criminal Record for life
- Travel restrictions e.g. outside of Canada will be difficult
- Possible residence restrictions
- Will not be allowed near area of children
- Probation, curfews, bail conditions
- Requirement to register with local police service
Legal Definition of Sexual Assault in Canada
Under the Criminal Code of Canada section 265 (1) a person commits an assault when:
- (a) without the consent of another person, applies force intentionally to that other person, directly or indirectly;
- (b) attempts or threatens, by an act or a gesture, to apply force to another person, if they have, or causes that other person to believe on reasonable grounds that they have the present ability to effect his purpose; or
- (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. obtained where the complainant submits or does not resist by reason of the application of force to the complainant or to a person other than the complainant:
- (b) threats or fear of the application of force to the complainant or to a person other than the complainant;
- (c) fraud; or
- (d) the exercise of authority.
(3) Where the accused alleges that he believed that the complainant consented to the conduct that is the subject matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief that a sexual assault occured.
Sexual Assaults & Publication Bans
When someone is accused of sexual assault, it is important that their rights and privacy are protected.
In Canada, a court can issue an order called a publication ban that stops people from sharing any information that could identify the accused, victim, witness, or anyone else involved in the case. This includes details like names and addresses.
A publication ban is put in place to make sure that everyone involved in the case gets a fair and just trial. It can be requested by the defence, prosecution, or the court at any time during the proceedings.
If a ban is imposed, it will stay in place for the entire trial and may be lifted after the trial is finished.
Here are the key points to remember about publication bans:
- The defence can ask for a publication ban to protect the identity of the accused during the trial.
- The court holds a hearing to decide if a publication ban is needed to make sure that the trial is fair.
- If the court decides to impose a ban, it will stay in place for the duration of the trial and could be lifted after the trial ends.
- Breaking a publication ban is a criminal offence that can lead to fines or imprisonment.
Publication bans are important to protect the rights of everyone involved in a sexual assault case and to ensure that the trial is fair and just.
In a sexual assault trial, media coverage can be harmful to the accused, whether the allegations are true or false. This is especially true if the accused is a public figure or has a high-profile career. Publication bans help to protect the accused and make sure that the trial is fair for everyone involved.
Where the accused does not want to appear in court, our sexual assault lawyers will appear for you.
What Needs to be Proved in Sexual Assault Charges
In sexual assault cases, the crown attorney has to prove the allegation beyond a reasonable doubt.
In a criminal trial for sexual assault the prosecution needs to prove:
- there was intentional touching,
- that the contact was sexual in nature, and
- that there was an absence of consent.
The prosecution must present evidence to the judge to prove beyond a reasonable doubt that an assault occurred, it was sexual in nature, and there was no consent.
Here are the key points to remember about proving sexual assault charges:
- the obligation to prove the offence happened is on the Crown attorney
- the case must be proved beyond a reasonable doubt.
- the victim’s verbal evidence will/can be a crucial part of the prosecution’s case.
Sexual Assault & Consent
Sexual assault allegations often involve issues around consent, both explicit and implied.
Experienced sexual assault lawyers know how to conduct a proper and thorough cross-examination to help the judge fully understand what may or may not have happened.
Here are the key points to remember about sexual assault and consent:
- Consent is the voluntary agreement of two or more persons to engage in sexual activity.
- Mistaken belief of consent may be a defence, but the court will examine it closely.
- The accused must have taken reasonable steps to ensure that the act was consensual.
In preparing a legal defence, our criminal lawyers will consider the evidence against you, review the police investigation, and deal with any legal issues or motions that may arise in defence.
What is Consent
In cases where the victim is over the age of consent, the Crown attorney must prove to the court that there was no consent.
Consent is never implied or agreed to in situations where:
- the complainant is mentally unable to give consent,
- the accused is in a position of authority,
- power or trust over the complainant,
- the complainant expresses a lack of agreement, or
- the complainant is underage.
In sexual assault allegations the points to remember about what is consent:
Consent is not implied or agreed to in certain situations.
- Mistaken belief of consent may be a defence, but the court will examine it closely.
- The accused must take reasonable steps to ensure that the act was consensual.
Sexual Assault Trials
During a trial for sexual assault, the actions, words, and conduct of the accused will be examined and reviewed by the court.
It is up to the police and Crown attorney to prove the case beyond a reasonable doubt for a conviction to be entered by the judge.
- The accused’s actions, words, and conduct will be closely examined.
- The Crown attorney must prove the case beyond a reasonable doubt.
- The judge will enter a conviction only if the case is proven beyond a reasonable doubt.
In conclusion, sexual assault cases are complex and emotionally charged.
It is important to remember that in these cases, the burden of proof is on the prosecution to prove their case beyond a reasonable doubt.
Consent is a crucial element in determining whether an act constitutes sexual assault, and it is essential that all parties understand what constitutes consent.
A thorough examination of the evidence is necessary to ensure that justice is served, and that the rights of all parties involved are protected.
Speak to a Lawyer Today
After many years as sexual assault lawyers we understand the tremendous strain that these allegations can cause.
As lawyers we can appreciate what you’re going through. Our job is to provide you with guidance and clear advice while navigating you and your family through this criminal process.
Where charged we will:
- provide clear advice
- review and go over disclosure with you
- conduct all meetings with the prosecution
- keep you updated throughout the process
- represent you at all court proceedings
We believe with our help that you will be well represented and defended in the Ottawa criminal courts, to achieve a positive result.