Sexual assault is generally recognized as an assault committed by a male or female in circumstances of a sexual nature in which the sexual integrity of the victim is violated. The term “rape” no longer appears in the Criminal Code; instead, is referred to as sexual assault. A very serious offence and sensitive in nature, the following three things must be proved in court: (1) Occurrence – that the assault actually happened, (2) Identity – that the accused person is the one who made the attack, (3) Consent – that the attack was not consensual sexual activity.

The most common charges of sexual assault are:

  • Sexual assault – Criminal Code section 271
  • Aggravated sexual assault – Criminal Code section 273
  • Sexual assault with a weapon, threats or causing bodily harm – Criminal Code section 272

The Penalties

Sexual Assault

  • Criminal record
  • Up to 10 years in jail
  • Up to $2000 fine
  • Will be required to register as a sex offender under Canada’s Sex Offender Information Registration Act (“SOIRA”)

Aggravated sexual assault

  • Criminal record
  • Up to life in prison
  • Will be required to register as a sex offender under Canada’s Sex Offender Information Registration Act (“SOIRA”)

Sexual assault with a weapon, threats or causing bodily harm:

  • Criminal record
  • Up to 14 years in jail
  • Will be required to register as a sex offender under Canada’s Sex Offender Information Registration Act (“SOIRA”)

Common Questions

I have been charged with a sexual offence. What should I do?

Sexual charges are serious offences with the potential for serious jail time. Further, you could end up on the Sexual Offender Registry. Explain your case to Mike so he can give an honest opinion about your legal options. Mike has over 20 years experience dealing with serious criminal charges. Let him use his knowledge to assist you.