Sexual Assault Charges

Sexual assault charges are very serious. The stigma which accompanies such charges alone can damage or ruin your reputation.

Section 265(1) of the Criminal Code regarding common assault also applies to sexual assault charges. Section 265(1) states that a person may commit assault in the following instances:

• • (a) when they intentionally apply force to another individual, directly or indirectly, without their consent;
  • (b) when they attempt or threaten to apply force to another individual;
  • (c) when they accost, impede another person or beg, while carrying a weapon or imitation of a weapon.

Common assault may be characterized as sexual assault when the Crown is able to prove that there was intentional touching of the complainant, that such touching was sexual in nature and that there was an absence of consent.

Sexual Assault Sentencing

Sexual assault charges, under Section 271 of the Criminal Code may be pursued by indictment or summarily.

• • (a) where by indictment, the accused may be liable to a term of imprisonment of not more than 10 years or, where the complainant is under 16 years of age, to a term of imprisonment of not more than 14 years and to a minimum punishment of imprisonment for one year.
  • (b) where summarily, the accused may be liable to a term of imprisonment of not more than 18 months or, where the complainant is under 16 years of age, to a term of imprisonment of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Sexual Assault with a Weapon or Causing Bodily Harm Charges

Such offences, under Section 272 of the Criminal Code are straight indictable. Someone may be charged under this section if, while committing sexual assault, they:

• • (a) carry, use or threaten to use a weapon or imitation of one;
  • (b) threaten to cause bodily harm to the complainant;
  • (c) causes bodily harm to the complainant;
  • (c.1) chokes, suffocates, or strangles the complainant;
  • (d) is a party to the offence with another individual.

Sexual Assault with a Weapon or Causing Bodily Harm Sentencing

In terms of sentencing, an accused charged with such offences may be liable to:

• • Where a firearm is used or a firearm is used at the direction of or in association with a criminal organization, to a term of incarceration of not more than 14 years and to a minimum term of five years for a first offence, and to seven years in the case of subsequent offences.
  • In any other case where a firearm is used, to a term not exceeding 14 years and to a minimum punishment of a term of four years.
  • If the complainant is under 16 years of age, to a life sentence, and a minimum term of five years and in any other case to a term not exceeding 14 years.
    • Upon conviction, where a weapon was used in the commission of a sexual assault, a Weapons Prohibition Order is mandatory, as well as a DNA order.

Aggravated Sexual Assault Charges

Such charges are amongst the most serious when it comes to sexual assault. According to Section 273(1) of the Criminal Code everyone commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

Aggravated Sexual Assault Sentencing

Aggravated sexual assault is a straight indictable offence, and can carry very significant jail sentences.

• • If a restricted or prohibited firearm is used in the commission of the offence, or if the offence is committed for the benefit, or at the direction of a criminal organization – to life imprisonment, and to a minimum punishment of five years in the case of a first offence, and a minimum of seven years for each subsequent offence.
  • In any case where a firearm is used to imprisonment for life and a minimum punishment of four years of incarceration.
  • If the complainant was under 16 years of age to imprisonment for life and a minimum term of five years.
    • If convicted, a DNA order would be mandatory alongside a Weapons Prohibition Order.