What to Expect
Understanding Each Stage Of Your Case
Facing a sexual assault charge can feel overwhelming. Gain clarity with a step-by-step breakdown of how your defence strategy is built.
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Ryan Patmore Defence
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Ryan Patmore Defence
Available 24/7 via phone or text.
403-909-4822
Strategic Defence For Sexual Assault Allegations
A sexual assault allegation can affect your reputation, relationships, career, and future. That’s why Patmore Defence focuses on clear communication, careful preparation, and a defence strategy tailored to your circumstances.
Book A Free ConsultationUnderstanding Each Stage Of Your Case
Facing a sexual assault charge can feel overwhelming. Gain clarity with a step-by-step breakdown of how your defence strategy is built.
The Charge
WHAT IS DEFINED AS SEXUAL ASSAULT?
Sexual assault is defined as an assault of a sexual nature that infringes on the complainant’s sexual integrity and that involves unwanted touching that is sexual in nature.
To establish a sexual assault, the prosecutor must prove three key elements:
What is an Assault?
An assault generally involves intentionally touching of another person, either directly or indirectly, without his/her consent. However, an assault can also be committed in other ways. By definition, even the threat of the use of force can technically constitute an assault at law.
What Makes an Assault “Sexual in Nature”?
To determine if an assault is sexual in nature, the judge will consider:
It’s important to note that proving sexual gratification is not necessary for establishing sexual assault. For example, intentionally kicking someone in the genitals can qualify as sexual assault even without sexual gratification on the part of the perpetrator. The accused’s intent is just one factor among many in determining if the conduct was sexually motivated.
Consenting to Sexual Activity
In many sexual assault cases, a central issue is whether one or both parties consented to the sexual activity in question. There are many factors at play in these complex and nuanced cases, in which recollections, differing accounts, and the reliability/credibility of participants and/or witnesses become central issues in determining guilt or innocence. Hiring a lawyer experienced in defending these prosecutions is of utmost importance.
Defining Consent for Sexual Activity
Consent is defined as the voluntary agreement between the parties to engage in sexual activity together before and throughout the interaction. It can be expressed through words and/or actions.
Legal Requirements
HOW DOES THE CROWN PROVE A LACK OF CONSENT?
The prosecution must establish beyond a reasonable doubt that the complainant did not voluntarily agree to the physical contact at the precise time it occurred.
The Criminal Code outlines specific scenarios where legal consent cannot exist:
The Subjective Element of Consent
The court examines the complainant’s actual internal state of mind at the time of the alleged incident. Even if an individual did not explicitly say no, the Crown can still argue that a lack of verbal or physical resistance does not equal legal consent under Canadian law.
The Accused’s Belief in Consent
An accused person may argue they honestly believed the complainant was consenting to the act. However, the defence of honest belief in implied consent is restricted. The law requires that the accused took reasonable steps in the circumstances to ascertain that the complainant was consenting.
The Importance of Credibility
Because these interactions typically occur in private settings without third-party witnesses, trials often centre entirely on the comparative credibility and reliability of the complainant and the accused. Navigating these conflicting accounts requires an assertive, analytical evaluation of all prior communications and statements.
Voluntary and Continuous Agreement
Consent must be continuous and present throughout the entire physical interaction. A person retains the absolute legal right to withdraw their consent at any point during a sexual encounter, at which time all physical contact must immediately cease.
Sentencing
WHAT PENALTIES ACCOMPANY A SEXUAL ASSAULT CONVICTION?
The penalties for sexual assault in Canada are severe, varying drastically based on how the Crown elects to prosecute the charge and the specific details of the incident.
Judges determine sentences based on critical aggravating and mitigating variables:
Long-Term Restricted Registries
A conviction for a sexual offence automatically triggers an application for inclusion on the National Sex Offender Registry (SOIRA). This requires individuals to report regularly to law enforcement, restrict their travel, and notify authorities of any changes to their address or employment status.
Collateral Personal Consequences
Beyond court-imposed sentences, a criminal record for a sexual offence carries permanent societal stigma. It can instantly terminate your current employment, prevent future career opportunities, restrict international travel privileges, and permanently damage your standing within the community.
Building an Assertive Defence Strategy
Because the consequences of a conviction are life-altering, establishing an unyielding defence from the moment of arrest is critical to preserving your freedom. We thoroughly evaluate the prosecution’s disclosure to minimize your exposure or seek a total withdrawal of the charges.
The Role of Judicial Discretion
Canadian sentencing judges must weigh rehabilitation, denunciation, and deterrence when evaluating a file. Presenting a comprehensive personal background assessment alongside a structured courtroom strategy is essential to achieving the most favourable outcome possible.
Trial Strategy
HOW IS A ROBUST REPUTATION DEFENCE STRUCTURED?
Defending against a sexual assault allegation requires a critical analysis of all technical disclosure, digital communication trails, and witness statements.
Our firm systematically builds your trial defence through three core operational phases:
Navigating Strict Evidentiary Rules
Canadian criminal law enforces complex restrictions regarding what evidence can be introduced during a sexual assault trial. For example, a complainant’s prior sexual history cannot be raised without a formal, pre-trial court application demonstrating its direct relevance to the case.
Preserving Digital Communications
Modern trial strategies heavily rely on electronic data, including text messages, social media interactions, and voicemail recordings. Preserving these records immediately following an allegation is vital, as they often establish critical context surrounding consent and timeline consistency.
Your Right to a Focused Defence
An allegation is not a conviction, and you retain the absolute right to have your case evaluated objectively by the court of law. We deliver the advanced technical knowledge and thorough preparation required to challenge the state’s narrative and protect your future.
The Burden of Judicial Proof
The prosecution bears the absolute burden of proving every element of the offence beyond a reasonable doubt. Our objective is to demonstrate where the Crown’s narrative falls short of this high standard, ensuring your liberty and personal reputation remain fully protected.
The Charge
WHAT IS DEFINED AS SEXUAL ASSAULT?
Sexual assault is defined as an assault of a sexual nature that infringes on the complainant’s sexual integrity and that involves unwanted touching that is sexual in nature.
To establish a sexual assault, the prosecutor must prove three key elements:
What is an Assault?
An assault generally involves intentionally touching of another person, either directly or indirectly, without his/her consent. However, an assault can also be committed in other ways. By definition, even the threat of the use of force can technically constitute an assault at law.
What Makes an Assault “Sexual in Nature”?
To determine if an assault is sexual in nature, the judge will consider:
It’s important to note that proving sexual gratification is not necessary for establishing sexual assault. For example, intentionally kicking someone in the genitals can qualify as sexual assault even without sexual gratification on the part of the perpetrator. The accused’s intent is just one factor among many in determining if the conduct was sexually motivated.
Consenting to Sexual Activity
In many sexual assault cases, a central issue is whether one or both parties consented to the sexual activity in question. There are many factors at play in these complex and nuanced cases, in which recollections, differing accounts, and the reliability/credibility of participants and/or witnesses become central issues in determining guilt or innocence. Hiring a lawyer experienced in defending these prosecutions is of utmost importance.
Defining Consent for Sexual Activity
Consent is defined as the voluntary agreement between the parties to engage in sexual activity together before and throughout the interaction. It can be expressed through words and/or actions.
Legal Requirements
HOW DOES THE CROWN PROVE A LACK OF CONSENT?
The prosecution must establish beyond a reasonable doubt that the complainant did not voluntarily agree to the physical contact at the precise time it occurred.
The Criminal Code outlines specific scenarios where legal consent cannot exist:
The Subjective Element of Consent
The court examines the complainant’s actual internal state of mind at the time of the alleged incident. Even if an individual did not explicitly say no, the Crown can still argue that a lack of verbal or physical resistance does not equal legal consent under Canadian law.
The Accused’s Belief in Consent
An accused person may argue they honestly believed the complainant was consenting to the act. However, the defence of honest belief in implied consent is restricted. The law requires that the accused took reasonable steps in the circumstances to ascertain that the complainant was consenting.
The Importance of Credibility
Because these interactions typically occur in private settings without third-party witnesses, trials often centre entirely on the comparative credibility and reliability of the complainant and the accused. Navigating these conflicting accounts requires an assertive, analytical evaluation of all prior communications and statements.
Voluntary and Continuous Agreement
Consent must be continuous and present throughout the entire physical interaction. A person retains the absolute legal right to withdraw their consent at any point during a sexual encounter, at which time all physical contact must immediately cease.
Sentencing
WHAT PENALTIES ACCOMPANY A SEXUAL ASSAULT CONVICTION?
The penalties for sexual assault in Canada are severe, varying drastically based on how the Crown elects to prosecute the charge and the specific details of the incident.
Judges determine sentences based on critical aggravating and mitigating variables:
Long-Term Restricted Registries
A conviction for a sexual offence automatically triggers an application for inclusion on the National Sex Offender Registry (SOIRA). This requires individuals to report regularly to law enforcement, restrict their travel, and notify authorities of any changes to their address or employment status.
Collateral Personal Consequences
Beyond court-imposed sentences, a criminal record for a sexual offence carries permanent societal stigma. It can instantly terminate your current employment, prevent future career opportunities, restrict international travel privileges, and permanently damage your standing within the community.
Building an Assertive Defence Strategy
Because the consequences of a conviction are life-altering, establishing an unyielding defence from the moment of arrest is critical to preserving your freedom. We thoroughly evaluate the prosecution’s disclosure to minimize your exposure or seek a total withdrawal of the charges.
The Role of Judicial Discretion
Canadian sentencing judges must weigh rehabilitation, denunciation, and deterrence when evaluating a file. Presenting a comprehensive personal background assessment alongside a structured courtroom strategy is essential to achieving the most favourable outcome possible.
Trial Strategy
HOW IS A ROBUST REPUTATION DEFENCE STRUCTURED?
Defending against a sexual assault allegation requires a critical analysis of all technical disclosure, digital communication trails, and witness statements.
Our firm systematically builds your trial defence through three core operational phases:
Navigating Strict Evidentiary Rules
Canadian criminal law enforces complex restrictions regarding what evidence can be introduced during a sexual assault trial. For example, a complainant’s prior sexual history cannot be raised without a formal, pre-trial court application demonstrating its direct relevance to the case.
Preserving Digital Communications
Modern trial strategies heavily rely on electronic data, including text messages, social media interactions, and voicemail recordings. Preserving these records immediately following an allegation is vital, as they often establish critical context surrounding consent and timeline consistency.
Your Right to a Focused Defence
An allegation is not a conviction, and you retain the absolute right to have your case evaluated objectively by the court of law. We deliver the advanced technical knowledge and thorough preparation required to challenge the state’s narrative and protect your future.
The Burden of Judicial Proof
The prosecution bears the absolute burden of proving every element of the offence beyond a reasonable doubt. Our objective is to demonstrate where the Crown’s narrative falls short of this high standard, ensuring your liberty and personal reputation remain fully protected.
Why Clients Trust Ryan With Their Defence
Ryan Patmore has defended countless sexual assault allegations at all levels of court, from the most minor to the most serious.
Ryan has a keen understanding of the sliding scale of severity and the technical nature of these prosecutions, resulting in successful resolutions ranging from outright acquittals to reduced charges for his many clients, whether before or after trial. His pedigree ensures his clients know their case is being handled with care and proper scrutiny, given the complex and nuanced nature of these prosecutions, which often require numerous intensive pre-trial motions under the strict mandates set out in the Criminal Code of Canada.
Beyond his courtroom capabilities, Ryan and his team provide protective support and clear communication, ensuring that his clients remain informed and reassured throughout the legal process. With Ryan Patmore on your side, you can trust that your legal case is in capable and dedicated hands.
Learn More About Ryan
Ryan’s Commitment To Protecting Your Rights
Ryan Patmore understands that when everything is on the line, having a highly skilled and well-prepared lawyer is essential to your defence.
Ryan’s success in defending sexual assault cases stems from the sheer volume of these cases he handles. He has successfully defended these cases with a deep-rooted understanding of their sensitive nature and the application and interpretation of the law and legislation, which has become more punitive and difficult to overcome. His meticulous preparation, ability to identify all issues, and raise possible pre-trial motions for the admission of crucial evidence and further disclosure demonstrate his unwavering commitment to each client and his understanding of the jeopardy at stake in these prosecutions. He leaves no stone unturned, thoroughly investigating every detail of the case, from gathering evidence and interviewing witnesses to analyzing legal precedents and developing strategic defences.
Ryan believes that preparation is the foundation of a strong defence, and he dedicates countless hours to ensuring that he is fully equipped to challenge the prosecution’s case. His methodical approach allows him to anticipate potential hurdles and craft effective counterarguments, striving to give his clients the best possible chance at a favourable outcome. Beyond his strategic trial capability, Ryan and his team provide supportive navigation and clear communication, ensuring that his clients are informed and reassured throughout the legal process.
Book A Free ConsultationFrequently Asked Questions
In Canada, the age of consent for sexual activity, including intercourse and other sexual contact, is 16 years. This rule applies uniformly across all provinces and territories. There is no statute of limitations for sexual assault charges, and historical sexual assault allegations are very common. The age of consent prior to May 1, 2008, was 14 years.
General Age of Consent
To legally consent to sexual activity, a person must be at least 16 years old. In some cases, the age of consent is higher, such as when there is a relationship of trust, authority, or dependency.
An accused may be found not guilty if they honestly but mistakenly believed the complainant consented. The key is whether the accused reasonably believed that consent was communicated through words or actions. The accused must also show that they took reasonable steps to confirm consent, though not all possible steps need to be taken.
Canadian courts have strict rules about challenging a complainant’s credibility. The accused cannot question the complainant about their past sexual history unless it is highly relevant and approved by the judge. Such questioning cannot imply that the complainant is more likely to have consented because of their past or less credible as a result.
Consult with an experienced criminal defence lawyer before speaking to the police about a sexual assault investigation!. Legal advice is crucial to understanding your rights and the potential impact a police statement will have on you. The police are trained in specialized techniques to elicit responses to help build a case against you. They may say they want both sides of the story to get to the truth, but you should not assist a possible prosecution against you. The time to tell your side should always be with the guidance of an experienced lawyer. A statement can be used against you in court, potentially revealing inconsistencies or supporting the complainant’s credibility and the Crown’s theory of the case.
The Canadian government has established a Sex Offenders Registry to track and monitor persons who have been convicted of sexual offences. The Registry is used by police officers and certain other organizations to track sex offenders and investigate sexual offences.
The Sex Offender Information Registration Act (SOIRA) requires a person on the Sex Offenders Registry to register every year, and to provide the police with certain information, including their addresses, where they are employed, volunteering, or going to school, and any licence plate numbers and descriptions of the vehicles that they use. Persons on the Sex Offender Registry must also notify the police if they expect to be away from one of their registered residences for a specified timeframe.
If a person is convicted of certain sex offences, a judge is required to order that a person be added to the Sex Offenders Registry. For some offences, the judge only has to make the order if the prosecutor asks that the person be added to the Sex Offenders Registry, but in other cases, the judge has no discretion and must make the order. Examples of offences where a judge must make a Sex Offenders Registry order include sexual assault, sexual interference, and child pornography offences.
Sex Offender Registry orders last for a period of between 10 years and life, depending on the circumstances. Click here to learn more about Canada’s Sexual Offender Registry.