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Sexual Assault

What Is Sexual Assault?

At Vayeghan Litigation, we are committed to addressing the complexities of criminal charges, including the serious offence of sexual assault.

In Canada, sexual assault is defined as any form of unwanted sexual activity, forced upon someone without their consent. This encompasses a broad spectrum of behaviours, from inappropriate touching to more severe forms of sexual violence, all of which violate the victim’s sexual integrity.

The legal framework surrounding sexual assault in Canada is designed to protect individuals’ rights to personal security and bodily autonomy. It recognizes consent as the voluntary agreement to engage in the sexual activity in question. Without clear, voluntary, and ongoing consent, any form of sexual activity can be considered sexual assault.

What Is Sexual Interference?

In Canadian law, the age at which someone can agree to sexual activity is 16 years old. Sexual activity with anyone younger than 16 is illegal. The law specifically mentions two crimes related to this:

1. **Sexual Interference (Section 151)**: This is when someone, on purpose, touches a person under 16 years old in any sexual way, either directly or using something else. If someone is found guilty of this, they are at risk of a 14 years jail sentence.

2. **Invitation to Sexual Touching (Section 152)**: This happens when someone encourages a person under 16 to touch anyone in a sexual way, whether it’s a direct touch or not. The punishment for this can be the same as for sexual interference, with up to 14 years in prison for serious cases.

For these reasons, the consequences of being accused of sexual offenses involving minors are grave, and those found guilty are at risk of long prison sentences. Defences in cases involving sexual interference often center around denying the act or claiming an honest but mistaken belief about the complainant’s age. Constructing a denial defense typically involves the client testifying against the allegations, while honest but mistaken belief defenses usually rely on the client’s testimony to demonstrate efforts made to ascertain the complainant’s age. These defenses demand skillful handling, particularly when dealing with young complainants. 

Act Fast: Aggressive Defence Strategy On Your Side

In the face of sexual assault charges, immediate action is crucial. At Vayeghan Litigation, we emphasize the importance of early defense strategies to navigate these complex legal challenges. Initiating a thorough investigation from the outset is paramount. This involves efforts to preserve surveillance footage, safeguarding text message evidence, and, in certain circumstances, utilizing private investigators to aid in forming a comprehensive understanding of the events. Such proactive measures can significantly contribute to presenting evidence favorable to our clients.

Early representation by a seasoned defense attorney is key. It allows for the prompt gathering and preservation of evidence, which is often time-sensitive. Our dedicated team is skilled in quickly mobilizing resources to protect your rights and work towards an advantageous outcome. Trust us to employ a strategic defense from the moment you choose to engage our services, ensuring every possible avenue is explored in your defense.

Defend With Precision

In the context of sexual assault allegations, defense strategies such as denial and consent assume importance. However, consent is invalidated if someone who is accused of committing sexual assault is negligent or willfully blind about the lack of consent during the sexual activity.  Further, one cannot have sexual activity with a person who is too intoxicated to give consent. For instance, if a person is “passed out drunk”, that person cannot give consent. 

Potential defenses include proving consent was initially given, showing mistaken belief in consent with responsible actions, challenging evidence due to Charter violations, and establishing innocence with alibi and corroborating proof.

In the event that your case advances to trial, the successful defense against sexual assault charges often significantly pivots on your lawyer’s adeptness in skillfully cross-examining sexual assault complainants, particularly in front of juries. Mr. Vayeghan’s notable track record of effectively navigating cross-examination across diverse age groups stands as a pivotal asset in securing a robust defense against such charges.

Moreover, in many instances of sexual assault cases, it becomes critical for the client to testify on the stand. However, the significance of adequately preparing the client for their trial testimony cannot be overstated, as the client will undergo cross-examination by a skilled Crown prosecutor. Notably, by retaining the services of Mr. Vayeghan, you will be prepared by an experienced former Crown prosecutor turned criminal defence lawyer, helping ensure that you are well-equipped to navigate this important aspect of the trial process.

Why Choose Us?

Facing sexual assault charges requires experienced legal representation. Mo Vayeghan, a distinguished Vancouver criminal defence lawyer with a Master of Laws from Columbia Law School—an Ivy League law school in New York—and a background as a former B.C. Crown Prosecutor, excels in these cases. He leverages his sharp legal mind and detailed preparation to protect clients’ rights vigorously.

With years of experience in managing serious and widely publicized sexual assault cases, Mr. Vayeghan maintains the belief that an assertive defense strategy is often essential from the outset. In cases of sexual assault, Mr. Vayeghan’s approach isn’t about sitting back on the defensive — he takes proactive and assertive steps to vigorously defend his clients’ rights. Notably, he has effectively represented high-profile professionals facing wrongful accusations of sexual assault and has achieved the clearance of their names through acquittals at trial or the successful dismissal of charges through extensive negotiations with the Crown.

Choosing the right lawyer is vital; with Mr. Vayeghan, you get a seasoned defender adept at handling serious sexual offenses. It’s crucial to bear in mind that in the defense against such charges, there’s often no opportunity for a second chance. With Mr. Vayeghan, you’re not just hiring a lawyer; you’re securing a dedicated ally in your fight for justice. His comprehensive defense strategies and skillful cross-examination in court have consistently proven successful.

Act now to protect your future.

Free Consultation

If you’re facing investigation or charges related to sexual assault, sexual interference, or invitation to sexual touching, connecting with Vayeghan Litigation is a pivotal step.

Call us at 778-653-3995 or email us at law@mvlitigation.com to receive a free initial consultation today.

Results

  • R. v. A.M. (2023) Case

    Client faced severe charges of sexual assault, assault by choking, and uttering threats, with the potential for a long-term jail sentence if convicted. The case proceeded to a weeks-long trial before a jury in the Supreme Court of British Columbia, involving high stakes for the client. After an intense three-day cross-examination of the complainant, the jury returned a unanimous verdict: Not Guilty on all charges.

    Client fully acquitted after trial

  • R. v. S.S. (2023)

    In a complex case involving multiple allegations of serious sexual assault, the matter was set for a a jury trial in the Supreme Court of British Columbia. Recognizing what was at stake, Mr. Vayeghan took a strategic, results-oriented approach. The Firm engaged in months-long negotiations with the Crown, successfully identifying weaknesses in their case. Ultimately, all sexual assault charges were dropped in favor of a Peace Bond, allowing our client to avoid a criminal record.

    Peace Bond Imposed. No Criminal Record. Sexual Assault Charges Dropped.

  • R. v. S.R. (2023)

    Client was charged with a significant drug trafficking offense in British Columbia, with the potential for a lengthy jail sentence. Our legal team engaged in an extensive Charter challenge, questioning the validity of the police search and arrest procedures. Following comprehensive negotiations with the Crown, a Stay of Proceedings was directed on all charges.

    All charges dropped, Stay of Proceedings issued.

  • X. v. Canada (2023)

    Client fleeing political persecution for leading a mass protest campaign against the governing military dictatorship of her home country. Client sought political asylum in Canada

    Client is successful in her asylum claim. Asylum Granted.

  • R. v. J.L. (2022)

    Client facing a serious allegation of aggravated assault. Client at risk of a long-term jail sentence if convicted. Matter proceeded to trial before a judge and jury at the Supreme Court of British Columbia. During a lengthy trial, the jury heard arguments on self-defence.

    Acquittal: Jury Finds Client Not Guilty of Aggravated Assault. No Criminal Record.

  • B.C. Securities Commission v. J. V. (2021)

    Client accused of participating in a multi-million dollar fraud scheme involving international market manipulation. Through extensive negotiations with the Director of the BC Securities Commission, client walked away with a minimal fine and no criminal law

    No Criminal Record.

TESTIMONIALS

  • A huge thank you to Mo Vayeghan who worked as my lawyer on multiple cases. Mo Vayeghan goes above and beyond for his clients, working overtime to provide the best possible outcomes. Mo is incredibly knowledgeable about the legal justice system and provides the upmost professional advice and support, paying close attention to every detail of the case. I would like to personally thank Mo for his hard work and dedication, as he successfully got all of my charges dropped before a trial started. I wish you the best and thank you for your time! I would highly suggest Mo Vayeghan to anybody looking for a great defence lawyer.

    -S

  • Yalda Kazemi is one of the best and most reliable in Canada. I am very happy that I can speak my mind here. Mrs. Kazemi is so patient, persistent, compassionate and honest that she was like a support for me and she defended me and gave me a new life. You are unique, Ms. Kazemi, in the true sense of a human being in every sense

    M.H.

  • I wanted to say a few things about MO ???? screaming his name & shouting to all he is hands down the most professional & efficient lawyer. I would without a doubt recommend Mo Vayeghan . I appreciate him and the work he has done not only is he caring he also gets the job done. He took the time to listen He brought hope to our family & I will always be grateful THANKS Melissa & Hasler

    M.H.

  • Unfortunately I was in need of legal assistance in a serious Criminal offence which could put my entire life in jeopardy. I was referred to multiple lawyers till I met Moe, he’s knowledgeable and knows the procedures, patience is key as any sort of legal matter will take time to be taken care of in the most easiest and cleanest way, and Moe is the right man for this job. Thanks Moe I owe you big time!

    A.K.

  • I would like to thank Mrs. Yalda Kazem Shirazi. These words are not enough to describe my happiness and gratitude with Yalda. She is a very smart and calm lawyer, firm, expert, reliable, knowledgeable. One of the best lawyers I have seen. She handled my case with ease and the process went very smoothly. I really appreciate her and am glad to have worked with her on my case. I highly recommend Ms. Yalda Kazem Shirazi as your lawyer.

    N. D.

  • I wanted to thank Mr. Vayeghan, he is one of the best and most professional in their work, I have worked with many lawyers, but I can boldly say that by far they are one of the most responsible lawyers I have ever seen, kind, responsible, with Ethics, accessibility, professionalism, hard work and right workI am very happy with my choice and I offer everyone the experience of working with them. In fact, accompanying them on the way to work is like having an encouraging close family.

    S.R.

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