Alberta Legal | Criminal Defence Lawyers

Alberta Legal |
Criminal Defence Lawyers

Call Us Icon Criminal Lawyers Phone Number Email Us Icon Criminal Lawyers Email


Calgary Sexual Assault Lawyers You Can Count On

If you have been charged with a sexual offence, all is not lost. Our experienced team of Calgary sexual assault lawyers at Alberta Legal are skilled in defending sexual assault cases.

  • Experienced team
  • Lawyers You Can Trust
  • we will fight For your rights

Let Us Call You Back

Free Consultation

"Required" indicates required fields

Full NameRequired
This field is for validation purposes and should be left unchanged.

Meet Our Calgary Sexual Assault LawyerS 

The legal team of lawyers at Alberta Legal has experience representing defendants in several areas of law, including those facing sexual assault charges. This area of the law has become increasingly complex due to the changes in the law and movements in society. Alberta Legal team will draw upon our team’s combined experience to fight sexual assault charges head-on.

Experienced Sexual Assault Lawyer In Calgary Protecting Your Legal Rights

we are Willing To Work For Your Interest

When you hire a sexual assault lawyer through Alberta Legal, we will be with you through every step of the way, from pre-charges and investigation up to the potential trial.

Our Calgary criminal lawyers team is skilled in sexual offence law and will protect you from unlawful questioning and help you enforce your rights when dealing with law enforcement.

We start by meeting with you and providing an honest and objective assessment of the case. If there is a way to defend your case (and there often is), we will build the defence you deserve. Our team is proud of the outstanding results we have achieved both in the courtroom and before trial through skilled negotiations.

Lawyers at Alberta Legal will determine a course of action and a strategy on how to protect you against your sexual assault charge.

Alberta Legal Sexual Assault Lawyers

What Is Sexual Assault?

Sex offences are defined as the unwanted touching of another person for a sexual purpose. If you have been charged with sex assault, it likely means the Crown Prosecutor believes that there was an unwanted touching for a sexual purpose.

Sexual offences include a broad array of crimes related to sexual contact and sexual invitation to touching as well as sexual exploitation and child pornography. These are serious crimes with severe penalties, if convicted, including registering as a sex offender on the Sex Offender Information Registry Act.

Depending on the nature of the alleged sexual assault, there may be a period of imprisonment, and certainly, a criminal record will follow, if convicted. This is why it is critical to hire an experienced sexual assault lawyer to represent you for this allegation.

we Can Help with the following types of offences   


Sexual Exploitation Of A Minor Or Dependent With A Disability
Publishing An Intimate Image Without Consent
Sexual Assault

we know how to help you

Book A Free Consult TODAY

Hiring Alberta Legal Calgary Criminal Lawyer

Charged With Sexual Assault?  Our Lawyers In Calgary Can Help!

Get Legal Help From skillful team

Being charged with a sexual assault is a serious offence. Contact our lawyers today if you have been charged or are under investigation for a sexual assault. You need the right legal representation.

Steps To Take When You Are Charged

  • Stay Calm and Be Polite

    If you begin acting belligerent it will only make things worse. Stay calm, we're here to help!

  • Contact Us Immediately

    Speak to one of our experienced lawyer right now. When you have been arrested, we offer 24/7 free consultations.

  • Get Legal Advice

    Hiring a criminal lawyer immediately will help prevent you from incriminating yourself in any further discussions with law enforcement.

  • Make Bail

    It can be difficult to build a case when you cannot freely meet with us. Helping you pursue interim release on bail is the first step in your defence.


Book A Free Consult Today

What Is An AssAult Charge?

Assault is governed by section 265 of the Criminal Code of Canada. This section states that an assault occurs with the unwanted touching or the intentional application of force. However, it is important to understand that the actual application of force is not needed in order to be charged under this section. The courts have held that a gesture can also constitute an assault. Therefore, the application of force can be either a direct application or an indirect application. This use of force (even minor) has to occur without the consent of the other party (complainant or complaining witness).

What Is An Assult Charge

        Types Of Offences Our Sexual Assault Lawyers CAN Help With

Section 266 – Simple Assault
Section 267(A) – Assault With A Weapon
Section 267(B) – Assault Causing Bodily Harm
Section 268 – Aggravated Assault

When To Hire An Assault Lawyer In Calgary?

we Are Here To Help

Alberta Legal Scale Icon

Assault with a weapon

If a person uses a weapon, an imitation weapon, causes bodily harm, chokes, suffocates, or strangles the person – the charge will be under section 267. It states:

Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

  • (A) Carries, Uses Or Threatens To Use A Weapon Or An Imitation Thereof
  • (B) Causes Bodily Harm To The Complainant
  • (C) Chokes, Suffocates Or Strangles The Complainant

Section 268 Of The Criminal Code

Finally the most serious of the assault charges is aggravated assault contrary to section 268 of the Code. This section sets out:

Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Domestic Assault

Domestic assault is not expressly defined in the Criminal Code. However, section 718.2(a)(ii) is now a mandatory aggravating factor in sentencing if the offender is in a spousal or common-law relationship with the victim at the time of the offence.

Minor Offence Or Defence? – Let Our Calgary Domestic Assualt Lawyers To Help

It is important to understand that the application or use of force may be minimal. As long as the prosecution can prove it is an intentional application of touching or contact then that will satisfy the actus reus or “guilty act.”

There are several possible defences that include but are not limited to:

  • Consensual Fight
  • Self-Defence
  • Reflex/Accident

Calgary Assault Lawyers With years of Experience

Let us Build Your Defence Case

Alberta Legal Scale Icon

If you have been charged with an assault, this is a serious charge and you need an assault lawyer to help you. It is important that you do not speak with any other person about the details until you have received legal advice.

The first step is finding a defence team that will seek ways to get the outcome you deserve. Contact Alberta Legal today to connect with one of our assault lawyers in Calgary.

Learn More About Us

Sexual Assault Frequently Asked Questions (FAQs)

What is Sexual Assault?

Alberta Legal Scale Icon

Sexual Assault is a criminal offence that covers a broad range of activities. A sexual assault can be anything from an alleged unwanted kiss, bum touching, oral sex, to sexual intercourse. Sexual assault lies along a spectrum with respect to seriousness. Sexual assault simpliciter is the most common form of sexual assault and involves allegations of sexual touching. The more serious forms of sexual assault include the alleged use of weapons and bodily harm. Other sexual offences include the following:

  • Sexual interference,
  • Invitation to sexual touching,
  • Sexual exploitation,
  • Sexual assault with a weapon,
  • Sexual assault causes bodily harm,
  • Overcoming resistance by choking, strangling, or suffocating, and
  • Aggravated sexual assault.

What do I do if I am being investigated for Sexual Assault?

Law enforcement initiates criminal investigations when an allegation arises from either a complainant, a witness, or a third party who is compelled to report the allegation. This type of criminal investigation can be lengthy and complex for law enforcement officers and it can involve multiple arms of a law enforcement agency as well as stakeholders that work with law enforcement agencies. In some instances, the investigation may only have witness and complainant statements. In other cases, forensic evidence may be collected. If the complainant has completed a forensic examination, then DNA evidence, as well as other evidence, may be obtained through the investigation.

At some point, the primary investigating officer will try to obtain evidence from the accused individual. This typically entails the accused person being contacted by the officer where the officer will explain what he’s investigating and inviting the accused person to share his or her side of the story. At this stage, the accused person is under no obligation to comply with the request. It is important to speak to an experienced and capable criminal lawyer to understand the ramifications of this request. In some cases, the lawyer will give summary advice. In other cases, it may be best to engage in a pre-retainer with a criminal lawyer. If you have been contacted by a police officer and are unsure what you should do, more information can be found here.

What is the next step after I’m charged with Sexual Assault?

In some cases, if you are arrested and charged the police officer can release you immediately under certain forms of release. It is not uncommon to have conditions associated with a release order. The most common conditions include no contact with the complainant and not attending any known residence or place of employment of the complainant.

In other instances, a formal bail hearing may be required. If this is the case, this means the accused person will be held until either a justice of the peace or the judge decides to release the accused person. The accused person has several options on how to proceed at this stage. If the accused person is arrested and held in Alberta, the bail hearing must be held within 24 hours but the bail office which is run province-wide only operates between 8 a.m. to midnight. The accused person will be offered the assistance of duty counsel but also has the option to retain private counsel to assist at this stage. The key considerations for the Judge or Justice of the Peace are:

  1. Is detention necessary in order to secure your attendance at court?
  2. Is detention necessary to protect the public from a substantial risk of re-offending?
  3. Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

In most cases, the onus to demonstrate that detention is necessary for any of the above rests with the prosecutor. However, in some instances, the onus may be on the accused person to demonstrate that detention is not necessary. All three grounds are applicable. This is one reason why having a smart and experienced lawyer at your side is so critical. Another reason for having a well-practiced lawyer at your side is to ensure that the conditions imposed if release is granted are workable and not too draconian. It is very common for an accused person to represent him or herself at the initial bail hearing stage and end up with a host of conditions that cause a variety of problems.

How much do I have to pay for my bail or release?

Bail doesn’t always require a cash deposit with the court system. There are many different ways an accused person can be released from jail in a bail hearing. The least restrictive way is called an undertaking without any conditions to follow.

An accused person can also be released on “promise to pay” (which is a “no cash bail” or “cash” bail. The difference between the promise to pay and cash bail is that in order to be let out of jail on cash bail, you will be required to post money upfront, which will be returned to the person who posted the money if the accused person does not break any of the release conditions. No money is required for posting if the release is on the promise to pay form, but money will be owing if the accused person breaks any of the imposed conditions. Additionally, the accused person will face further criminal charges of breaching bail conditions.

The most restrictive way (and less common method) to be released is with a surety. A surety is someone in your community who promises to supervise the accused person. This is a person of good character, who is close to the accused both in terms of relationship and physical location.

What are the most common defences for sexual assault?

The most common defences for sexual assault include the following:

  • Identity: in some instances, identity may be the best defence. For example, the complainant and/or law enforcement may have made a mistake in identifying the accused person. In order for this defence to be successful, your skilled and competent lawyer may need corroborative evidence and will need to comply with evidence rules.
  • Consent: if the trier of fact believes the complainant consented at the time of the incident or does not know who or what to believe about the issue of consent then the accused person may not be convicted. Consent in Canada must be expressed by action or verbally by the complainant at every stage of the sexual touching. It is important to understand that in certain circumstances the law has declared there can be no consent, these include:
    • The person is unconscious;
    • The person demonstrates any sign of non-consensual behaviour, i.e. doing or saying something to avoid a sexual activity;
    • The person is only consenting because the other person is abusing a position of trust, power, or authority;
    • Another person is consenting on the person’s behalf; or
    • The person shows any sign of non-agreement after the sexual activity has already started.

    The law also considers silence or passivity as a sign of non-agreement unless it is very clear from the person’s active participation and body language that they are in fact consenting.

  • Honest but Mistaken Belief in Communicated Consent: if the complainant did not consent but the accused honestly believed that the complainant was consenting then the accused cannot be convicted of sexual assault. However, your sharp and experienced criminal lawyer must ensure the test of air of reality is met in order for this defence to be raised. An air of reality must be met that the accused took reasonable steps to ensure the complainant was consenting. If this test is met, then if there is evidence that indicates some ambiguity and the belief was not based on recklessness or willful blindness then the accused cannot be convicted.

At some point, the primary investigating officer will try to obtain evidence from the accused individual. This typically entails the accused person being contacted by the officer where the officer will explain what he’s investigating and inviting the accused person to share his or her side of the story. At this stage, the accused person is under no obligation to comply with the request. It is important to speak to an experienced and capable criminal lawyer to understand the ramifications of this request. In some cases, the lawyer will give summary advice. In other cases, it may be best to engage in a pre-retainer with a criminal lawyer. If you have been contacted by a police officer and are unsure what you should do, more information can be found here.

How will my lawyer prepare for a sexual assault trial?

Experienced trial lawyers who defend these types of allegations must strategically build a defence case that will not only persuade the trier of fact to find the accused not guilty but will allow for a line of analysis that the judge will follow and apply. This begins by scrutinizing every aspect of the police information and complainant statement. The lawyer needs to understand the accused’s version of events and any other potential defence witness and then to build an argument that contains these versions in order to apply the law to the facts as the lawyer insists happened. The well-practiced defence lawyer must also ensure all rules of evidence are complied with and must be strategic to ensure inadmissible evidence is not raised by the prosecutor.

As soon as the accused person is released from police custody, he or she should meet with their lawyer and provide any relevant information in their possession to the lawyer. For example, text messages, photographic/video evidence and or any other evidence that supports the accused person. There are steps that the accused person can take which will help the lawyer build the case and also potentially convince the prosecutor to drop the charges.

What happens if I’m convicted of sexual assault?

If the worst happens and a conviction is entered, then your defence lawyer must continue to fight for the accused person. A mountain of work remains. Your lawyer must make strategic decisions when it comes to seeking specific reports and collecting information to tender on the accused’s behalf at a sentencing hearing. The goal at this stage is to reduce the penalty (period of imprisonment) as much as possible. Another goal is to connect with an experienced appellate lawyer to ensure that all appeal deadlines are met.

Our team of experienced criminal lawyers fight to the ends of the earth in court every day. We start with a comprehensive review of the disclosure. We ensure it is complete. We build a strategic defence based on the specific and precise information provided and then we battle the entire court system as we stand alone with you to the end.



Alberta Legal Scale Icon

Our firm recently defended B.T of a single count of sexual assault. The complainant and Mr. B.T. met on a social networking dating app. They met up and Mr. B.T. described to his lawyer that he had what he thought was consensual sex with the complainant. He described his romantic moves as well as her romantic moves. Ms. Williamson believed her client. Despite the fears and pressures, they went to trial. The complainant testified that Mr. B.T. forced her to have sex with him and described the various ways in which he did so. Mr. B.T also testified and explained to the justice hearing his case on what happened and why he believed it was consensual. After all the evidence was in, both the prosecutor and Ms. Williamson argued the case. This type of case often comes down to the complainant’s version of events against the accused person’s version of events. It is not a simple analysis that is conducted by the court. There is a multi-step legal analysis that must be conducted in which there are multiple paths to an acquittal. When assessing the credibility of witnesses, some courts consider the firmness in the witness’s memory, how this evidence mingles with other evidence, how or if the testimony changes during cross-examination, whether the witness has a motive to lie and the demeanor of the witness in general. It is critically important to work with your lawyer if you will be giving evidence. In the end, the justice found that Mr. B.T was not guilty of sexual assault. Our client cried with relief. The pressure and fear he carried around with him every day waiting for his trial felt like an albatross around his neck. He was deeply upset that he was accused of something he did not do. He was fearful of going to jail. He was devastated. Ms. Williamson met with Mr. B.T. several times. They properly prepared for trial, and in the end they were successful. If you have been charged with sexual assault, it is critical that you retain a lawyer that has experience with this type of offence and who has credibility among his or her peers and within the justice system. We are here for you at Ross Alberta Legal. Our experience is your defence.

Our Client's Experience

Our Team Defended Clients Successfully

Alberta Legal Scale Icon
GMB Icon for Alberta Legal Calgary

Liam Nelson

Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal

Dedication, Support, Ethic, Knowledge, Experience, Sharp and Direct. All the qualities your are looking for in a lawyer, they have it all and some. But JILLIAN WILLIAMSON was my guardian angel. Being a Client, I was comfortable to blindly leave my fate in their hands. That was a real well placed investment in the future of my life. I second, promote, referred and all the synonym possible to anybody facing an up hill battle and needs the support and experience to help you go through it.

GMB Icon for Alberta Legal Calgary

K. V

Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal

I am so very pleased with the work Mathew Deshaye put into my case! He genuinely is a good person, and is determined to get justice. Matthew is extremely professional and I couldn’t have been happier with having him represent me. I’m glad that I could work with him. Dina his assistant was also great with communicating back and forth with me. I made the right choice by retaining Matthew as my lawyer and I hope you do the same. I am in tears with how grateful I am. I’m so very thankful for the work and research that went into helping me with my case! Thank you! 🙂

GMB Icon for Alberta Legal Calgary

Jan Ciganik

Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal Testimonial Stars Alberta Legal

I was involved in a motor vehicle case and I knew I needed outstanding representation. Jim Lutz, Lacey and his team were nothing short of perfection. I was thoroughly impressed how he handled my case with expedited tenacity. The judicial system can be very confusing with how everything works ,but Mr. Lutz was very easy to communicate with and simplified everything. If you need a lawyer who is on the ball, Jim without a question is the person who should represent you. I highly recommend Mr. Lutz and his team! Thank you very much Sir and your team for all outstanding professional services.