Sexual Assault and Related Offences

Sex Crimes Defences

The consequences of pleading guilty or being found guilty of a sexual assault go beyond a criminal record. It may include:

  • Incarceration (jail)
  • Being flagged for 20 years or more on the Sex Offender Registry
  • The loss of your job
  • Difficulty getting custody of or access to your children
  • Restrictions on travel and career opportunities
  • If you are not a Canadian citizen, your residency in Canada may be in jeopardy, your ability to
    apply for citizenship may be affected, as will your ability to sponsor family members to come to
    Canada.

At Muenz Criminal Law, we provide solid legal representation and support for individuals facing the trauma of being accused of sexual assault.

Have Your Legal Questions Answered

At Muenz Criminal Law, we understand that many clients charged with sexual offences aren't aware of how the legal process works, or what their rights are. We will answer your most urgent questions, such as:

  • Am I going to jail?
  • Will I have to register as a sex offender?
  • What will happen to my family and my reputation?
  • Will I have to tell my employer or my professional association?
  • When can I tell my side of the story?
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Building Your Defence

In order to answer your questions, we will discuss a number of topics with you, including:

  • The evidence against you: Your case may depend on evidence from witnesses, from electronic sources, or from your own statements. We’ll talk about how it was obtained and whether it can be used against you.
  • Aggravating factors: These include the use of weapons, or a victim who is a minor or has suffered bodily harm. If you were in a position of trust (such as a teacher, doctor or nursing home attendant) your situation is also considered more serious.
  • Possibilities if pleading guilty: There may be ways to minimize your sentence if you plead guilty. These may include counselling or other treatment.
Contact Rick

Contact Muenz Criminal Law

Let our lawyers help you deal with your charge.

We represent clients charged with sexual assault-related charges in Calgary or surrounding areas. Call us at 403 543-6666 or fill out our online form.

Contact Us

*If you are required to enter the Sex Offender Registry, additional consequences include restrictions on your movements, even within the country.

Recent successful cases

Case #4202:

This client was charged with sexual assault when a former co-worker accused him of date rape. Because the client was also her supervisor at the time, he was also accused of abusing his position of authority. By preparing the client for trial and through effective cross-examination at trial, we were able to show that the complainant’s version of events was without merit. The judge did not believe the complainant and believed the client’s version instead. He was found not guilty at trial.

OUTCOME: Found Not Guilty by the Judge.

Case #4002:

This client, who was 17 years old at the time, was accused by a friend of the same age that he had sexually assaulted her. The client was adamant that the sexual contact had been consensual, therefore it was set for trial. Prior to the trial, we made pre-trial applications, including an application which concerned whether a video the complainant had made about the incident and sent to her friends could be used at trial. On the first day of a multi-day trial, negotiations with the Crown Prosecutor led to the withdrawal the charge of sexual assault in return for the client entering a Peace Bond. Rather than being imprisoned, he was placed on probation and he avoided a Criminal Record.

OUTCOME: Charge stayed; client given a Peace Bond

Case #4005:

This client, a college athlete, was accused of sexually assaulting another college athlete after a night at the bar. Though the client admitted going to the complainant’s dorm room and engaging in sexual activity, he assured us everything had been consensual. After a 4-day trial at the Court of Queen’s Bench, the Trial Judge believed the client’s version of events and found him not guilty.

OUTCOME: Client found Not Guilty at Trial.

Case #4007:

This client, a business owner, was accused by one of his employees of sexual assault. Though the client admitted there had been sexual contact between them, he said that she had consented to it. Even though the client had been in a position of authority over her, we were able to convince the Crown Prosecutor at the Preliminary Inquiry to reduce the charge to “common” assault, thereby ensuring the client avoided jail, the stigma of being placed on the Sex Offender Registry, and almost certainly losing his business and family.

OUTCOME: Reduced charge of “common assault”. Client on Probation.

Case #4009

This client, a young man living at home with his father in a small Albertan town, invited his former girlfriend to his home after meeting her at a local bar. Shortly afterwards, she accused him of sexually assaulting her. The matter was scheduled for a lengthy trial. However, on the first day of trial, we were able to expose the inconsistencies and contradictions within the complainant’s version of events to the Crown Prosecutor. Consequently, the prosecutor agreed to withdraw the charges, as long as the client went for counseling.

OUTCOME: Charges Withdrawn. Client given a Peace Bond.

Case #4010

This client, who had a diploma in Criminal Justice and hoped to become a probation officer someday, was charged with sexual assault, uttering threats, and publishing intimate images of the complainant on the internet. We convinced the Crown Prosecutor to withdraw the publishing intimate images charge. Furthermore, we had the client strategically enter a guilty plea to the uttering threats charge at the outset of trial, as the threats had been sent in the form of text messages and were clearly threatening in nature. The trial was thus conducted only with regards to the sexual assault charge, which could not be sustained. The client was found not guilty and a subsequent, successful application for a discharge on the threats charge resulted in the client avoiding a criminal record altogether, preserving his hopes of becoming a probation officer someday.

OUTCOME: A conditional discharge on one of the three charges.

Case #4003

This client, a student at a Canadian Law School, was accused of sexual assault and stood to lose his chance to ever become a lawyer. We set the matter for trial in the Court of Queen’s Bench and attended his Preliminary Inquiry, whereupon the Crown Prosecutor stayed the charges. This result has enabled the client to continue his education and avoid not only jail and a Criminal Record, but also being place on the Sex Offender Registry. Should he complete his studies and become a lawyer, he will join at least four of Mr. Rick Muenz’s former clients who are currently practicing law.

OUTCOME: Charge Stayed.

Case #4021

This client opened his home to a married couple, who had recently immigrated to Canada. The wife of the couple later claimed the client had attempted to hug, kiss and fondle her, which led to sexual assault charges against him. Throughout our dealings with the client, he assured us that in his culture he would never touch a woman who was not a close family member and that these allegations were false. Armed with these assurances, as well as having found some difficulties with the Crown Prosecutor’s case, we were able to persuade the prosecutor to Stay the charges before his Trial date.

OUTCOME: Charge Stayed.

Case #4022

This client, who met a young woman on an online dating website, met her and some sexual contact ensued in his truck. He drove the woman to where she asked to be dropped off and did not hear from her for many months. Eventually he received a phone call from a Calgary Police Service detective, went to the police station for an interview, and he was charged with sexual assault and choking. After retaining Mr. Muenz as his lawyer, we carefully reviewed the evidence against the client, listened to his side of the story, and set the charges down for trial. Discussions between Mr. Muenz and the Crown Prosecutor led to all charges being stayed prior to trial.

OUTCOME: Charge Stayed.

Case #4024

This client, only a teenager, attended our law office with his father, because a fellow participant in an organization the client was involved in had made an accusation of sexual assault against him. After a significant period of time spent collecting evidence, character references from respected individuals who knew the client, and proof of the client attending counseling, we were able to persuade the Crown Prosecutor to reduce the charge.

The Judge acceded to Mr. Muenz’s application for a discharge and granted the client a conditional discharge.

OUTCOME: Reduction of charge. discharge.

Case #4101

This 16 year-old client was accused by his former girlfriend that he had sexually assaulted her. The police charged him with two criminal charges: sexual interference and sexual assault. While the client admitted to having had sexual intercourse with is former girlfriend, he was adamant that it was consensual. At trial, the former girlfriend provided an entirely different account of what happened. Fortunately, after a multi-day trial, we were able to convince the judge that there was a reasonable doubt about the allegation and the client was found not guilty on all charges.

OUTCOME: Acquitted at trial.

Case #4104

This client was a respected martial arts instructor who was accused by two of his students to have sexually assaulted them. Because the client was their instructor, it was an uphill battle. Nevertheless, we were able to negotiate a resolution with the prosecutor outside of court. The client was able to avoid trial altogether by pleading to the much less serious charge of common assault. He avoided time in prison and being on the sex offender registry, which would have ended his career.

OUTCOME: Acquitted at trial.

Cases Involving Child and Youth Complainants

Case #4001:

This client was called in by the Calgary Police Service for an interview and was ultimately charged with sexual assault of a minor, sexual interference of a child under 16 years of age, and invitation to sexual touching. The complainant was the child of the client’s friend. The client was adamant the alleged actions never took place. Having discovered numerous inconsistencies in the complainant’s story given to her mother and to the police, along with other flaws in the case, the matter was set for trial in the Court of Queen’s Bench. The week before the Preliminary Inquiry, we contacted the Crown Prosecutor to point out the flaws in the child’s version of events, which ultimately lead to the Withdrawal of the charges. The client avoided a Criminal Record, avoided going to Jail, and was not placed on the Sex Offender Registry.

OUTCOME: Charges Withdrawn.

Case #4004:

This client was accused by his teenage daughter of sexual assault. He maintained his innocence but was forced from the family home while his charges were before the courts. On the first day of Trial at the Court of Queen’s Bench, and after prolonged discussions with the Crown Prosecutor, the prosecutor agreed to withdraw the charges if the client went for counseling during a 12- month period of probation. The client was in senior management in a company involved with vulnerable individuals. Thanks to the resolution achieved through our firm’s advocacy, the client was able to keep his job.

OUTCOME: Charges Withdrawn. Peace Bond.

Case #4006:

This client was accused of sexual assault, sexual touching of a minor and sexual interference of a minor by one of his nieces. Because he did not approach our law firm before speaking to the detective, he was extensively interrogated and made what seemed to be a confession to the allegations. At a lengthy Court of Queen’s Bench trial, we were able to show that the so-called confession was a misunderstanding, given that it appeared the detective had manipulated him into a confession.  Instead, the client had only admitted to having been the victim of a sexual assault himself at the hands of a primary school teacher. The client was found not guilty by the Judge.

OUTCOME: Not Guilty after Trial.

Case #4020:

This client, whose wife ran a day-home in the family home, was accused by one of the children of sexual assault. He was charged with that offence, in addition to sexual touching of a minor and invitation to touching. Given the many inconsistencies and contradictions we identified in the complainant’s version of events, the charges were stayed on the first day of trial, thereby allowing the client and his family members to avoid having to testify.

OUTCOME: Charges Withdrawn at Trial.

Case #4102:

This client was a father of six children and was widely known for his calm and easy-going demeanor. One of his stepchildren accused him of inappropriately touching her and, as a result, the police charged the father of sexual interference with a minor. In addition to conducting a preliminary inquiry, we had to dispute the prosecutor’s case and the allegations throughout a five-day trial. Our arguments at trial succeeded and the client was found not guilty by the court.

OUTCOME: Acquitted at trial.

Case #4103:

This client was steadfast in his assertion that he was innocent. He was accused by a 13 year-old complainant of sexual assault. The police charged the client accordingly but the trial was repeatedly postponed. As a result, we argued that the delay was unreasonable and violated the client’s rights to a trial within a reasonable time. We also made an application to the court to ensure that all the exculpatory evidence was admitted in trial. When trial finally concluded, we were successful and the client was acquitted on all charges.

OUTCOME: Found Not Guilty at trial.

Case #4105:

Allegations by an adolescent neighbour saw this client face serious sexual assault and sexual exploitation charges. Fortunately, we were contacted by the client before he was charges so we were able to provide critical legal advice in the crucial pre-charge phase. As a result, the client knew exactly what to tell the police officers and, more importantly, what not to tell the police officers. While the client was subsequently charged, our persuasive negotiations with the Crown Prosecutor assigned to the file helped immensely. Ultimately, the client avoided a conviction on both charges. In fact, the judge was persuaded to grant a conditional discharge to a guilty plea of simple assault, meaning the client avoided going to trial and a criminal record altogether.

OUTCOME: Found Not Guilty at trial.

BILINGUAL SERVICES AVAILABLE:

OUR FIRM'S STAFF CAN TRANSLATE AND EXPLAIN THE LEGAL PROCESS TO YOU IN SPANISH AND ITALIAN.