Sexual Assault Lawyers in Barrie

A sexual assault charge is one of the most serious allegations a person can face, and the decisions made in the first days often shape the whole case. Our office is at 31 Clapperton Street in downtown Barrie, a short walk from the courthouse, and every lawyer at the firm defends sexual assault charges.

If you have been contacted by police but not charged, don’t give a statement. Ask whether they have grounds to arrest you and whether you will be held for bail, then call us. Read should I give a statement to the police? and see our investigations counsel service.

Who Lays the Charge, and Where It Is Heard

In the Barrie area, sexual assault charges are laid by the Barrie Police Service in the city, the OPP in the surrounding townships, and South Simcoe Police in Innisfil and Bradford West Gwillimbury.

Charges from Barrie and the townships are heard at the Barrie courthouse, 75 Mulcaster Street, where both the Ontario Court of Justice and the Superior Court of Justice sit. Charges from Innisfil and Bradford usually begin at the Bradford courthouse, a satellite of the Barrie court, and trials can be moved to Barrie. Our Barrie courthouse guide explains what to expect on the day.

Choosing Your Court

Sexual assault under s. 271 of the Criminal Code is a hybrid offence: the Crown decides whether to proceed summarily or by indictment.

• If the Crown proceeds summarily, the case is tried by a judge of the Ontario Court of Justice.
• If the Crown proceeds by indictment, you choose: a provincial court judge, a Superior Court judge alone, or a Superior Court judge and jury.

That election is one of the most important decisions in a sexual assault case. In Barrie, we often recommend electing trial in the Superior Court, but it is always a case-by-case decision, made with you once we have reviewed the disclosure. Our articles on understanding your election and jury trial vs. judge alone explain the options.

The First Weeks

Release conditions. Most people charged with sexual assault are released with conditions, often including no contact with the complainant and sometimes a ban on returning home. Those conditions can last for the life of the case, so we review them early. If someone is being held, see our guide to bail hearings in Barrie.

Disclosure. The Crown must provide its evidence: the complainant’s statement, often video-recorded, police notes, and any messages or records it relies on. We go through it with you before any decision is made.

Your own evidence. Text messages, social media and witness information can disappear. Preserve them, and don’t contact the complainant to “sort it out”, even if your conditions seem to allow it. See how to collect evidence for your lawyer.

How These Cases Are Defended

Sexual assault trials usually turn on credibility, reliability and consent, and they come with special procedural rules about a complainant’s prior sexual activity and private records. Our sexual assault defence page explains the law and our approach. For particular situations, see:

• Getting sexual assault charges dropped without a trial
• A bad relationship is not sexual assault
• The complainant wants to drop the charges
• Criminal charges and your employment

Charged with sexual assault in Barrie or Simcoe County? Call 705-721-6642 for a free, confidential consultation.