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Sexual assault charges are taken seriously and severely punished in Canada. A sexual assault charge will alter your life and thus requires a strong criminal defence lawyer to avoid jail time. There are several types of sexual assault charges ranging from simple sexual assault to aggravated sexual assault to even sexual interference charges, each with varying punishments that are important to understand.
If you are accused of a sexual assault offence, the expertise of an experienced sexual assault lawyer can play a vital role in safeguarding you against an unjust conviction.
Sexual assault is defined by section 271 of the Criminal Code. Sexual assault is understood as any unwanted sexual act or touching. Sexual assault occurs when there is no consent from the other person. Importantly, a sexual assault charge can occur without physical touch if there is a threat of force.
There are many common elements that are considered when dealing with an assault charge in Canada. These include:
This list is not exhaustive. Sexual assault charges are complex and take a comprehensive look at any evidence connected to the assault.
Common sexual assault is the most common sexual assault charge. Under section 271 of the Criminal Code, common sexual assault occurs when an assault takes place that is sexual in nature but does not result in any physical injuries. Consent is very important to a common sexual assault charge.
The penalty for common sexual assault can be severe and can result in jail time. If the victim is older than 16 years old, the accused can face up to 10 years in prison. If the victim is younger than 16 years old, the accused faces a minimum sentence of 1 year with up to 14 years in prison.
Under section 272, the charge of sexual assault causing bodily harm results in serious penalties and thus, requires a strong defence lawyer. The penalty for sexual assault causing bodily harm is made more severe if a weapon or threat of harm to a third party is involved. Sexual assault with a weapon occurs when bodily harm results from the sexual assault and a restricted or prohibited weapon is involved.
The penalties for sexual assault with a weapon, threats to a third party or causing bodily harm are severe. Sexual assault with a prohibited or restricted weapon results in a minimum sentence of 5 to 7 years in prison with a maximum sentence of 14 years. Sexual assault with a non-restricted weapon has a minimum sentence of 4 years in prison with a maximum of 14 years. If the charge is against a victim that is under the age of 16, the minimum sentence is 5 years in prison with the maximum sentence being the highest maximum sentence in the criminal justice system: life imprisonment.
Section 273 of the Criminal Code outlines aggravated assault. Aggravated sexual assault occurs when the victim is severely injured. Specifically, if the victim is maimed, wounded, disfigured, or their life is put in danger.
Aggravated assault charges are severely punished by the courts. Any aggravated assault charge has the maximum sentence of life imprisonment. An aggravated assault charge with a restricted weapon has a minimum sentence of 5 to 7 years depending on whether it is a first or repeat offence. If the charge occurs with a non-restricted weapon, the minimum sentence is 4 years. However, if the victim is under the age of 16, the minimum sentence is up to 5 years.
Below is a summary of the penalties attached to the three main types of sexual assault charges.
| Charge | Range | Minimum Sentence (Imprisonment) | Maximum Sentence (Imprisonment) |
| Common Sexual Assault | Victim under the age of 16 | 1 year | 14 years |
| Common Sexual Assault | Victim 16 years or older | No minimum | 10 years |
| Sexual Assault Causing Bodily Harm | Restricted/prohibited weapon involved | First-time offence: 5 years Second time/repeat offence: 7 years | 14 years |
| Sexual Assault Causing Bodily Harm | Non-restricted weapon involved | 4 years | 14 years |
| Sexual Assault Causing Bodily Harm | Victim under the age of 16 | 5 years | Life |
| Aggravated Sexual Assault | Restricted/prohibited weapon involved | First-time offence: 5 years Second time/repeat offence: 7 years | Life |
| Aggravated Sexual Assault | Non-restricted weapon involved | 4 years | Life |
| Aggravated Sexual Assault | Victim under the age of 16 | 5 years | Life |
A sexual assault conviction can alter your life. The right criminal defence lawyer can use the evidence available to show a wrongful accusation and a charge has been made. However, before going to court, there are ways to dismiss the charges to prevent the impact on your reputation. Your lawyer has three main avenues to dismiss a sexual assault charge: a peace bond, having the charge discharged and suspending the sentence.
A peace bond is usually available for a common sexual assault charge when the accused has a clean record and the severity of the accusation is minor. The court will grant a peace bond if it is likely that the accusation made is false. When a court orders a peace bond, the charge will be withdrawn with conditions attached. You must abide by the conditions for the peace bond to remain valid.
This option is usually not available for aggravated assault. A discharge results in a guilty verdict but prevents any jail time, a permanent criminal record, or the guilty party’s name is listed on the National Sex Offender Registry. An absolute discharge means there are no conditions attached, no probation period, and the discharge only remains on your criminal record for one year. However, a conditional discharge has mandatory conditions attached to a probation period. The discharge remains on your criminal record for three years rather than one.
If the sexual assault committed is extreme or harsh, it may be impossible to avoid a conviction. This does not mean there are no options available to reduce the severity of the penalty. An intermittent sentence is a sentencing option that allows you to serve the sentence on the weekends only. Another option is a suspended sentence. A suspended sentence operates like probation by attaching conditions that must be followed to avoid time in jail.
The type of defence used by your lawyer will depend on the facts of the case. There are four commonly used defences for sexual assault charges that include:
A sexual assault charge can change your life. A successful sexual assault lawyer can help you save your reputation and get the best outcome possible for you. At Pyzer Criminal Lawyers, we have expertise in defending even the toughest sexual assault charges. If you are looking for an experienced lawyer and a successful outcome, contact us at (416) 658-1818.
