What Is Sexual Assault?
Assault covers a wide range of incidents under the Criminal Code of Canada, ranging from minor touching to serious bodily harm. A person commits an assault when without the consent of another person, directly or indirectly, he or she applies force intentionally to that other person.
A sexual assault occurs if the assault is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated.
The case of R. v. Chase explain factors that distinguish a sexual assault from a common assault. These factors include:
- The body part touched;
- The nature of the contact;
- The situation in which it occurred;
- Any words or gestures accompanying the contact, including any threats;
- The accused person’s intent or purpose, including the presence or absence of elements of sexual gratification;
- All other circumstances surrounding the conduct.
The Criminal Code of Canada Defines Assault as Follows:
265 (1) A person commits an assault when
- (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
265 (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Different Types of Sexual Assault Offences under the Criminal Code of Canada:
- 271 – Sexual assault
- 272(1)(a) – Sexual assault with a weapon
- 272(1)(b) – Sexual assault threatening bodily harm to another
- 272(1)(c) – Sexual assault causing bodily harm
- 272(1)(c.1) – Sexual assault by choking/strangling/suffocating
- 272(1)(d) – Sexual assault by being a party to the offence with any other person
- 273 – Aggravated sexual assault
Consequences for Sexual Assault
Depending on the type of sexual assault charge, the maximum penalties range from 18 months to life in jail. However, there are other ways of resolving these charges, that result in minimum to no jail time.
Some sexual assault charges may be resolved by way of a discharge, which avoid both jail and a criminal record.
Other sexual assault charges may be resolved by way of a Conditional Sentence Order, or more commonly known as House Arrest.
Depending on your charge, there are a number of ways to resolve your matters without going to jail.
Orders When Convicted of a Sexual Assault
The Court may order a DNA Order against you, where you have to submit your DNA at a police station to be registered in the national DNA databank.
The Court may order a SOIRA Order against you, where you must register under the Sexual Offender Information Registration Act. This database provides information of individuals convicted of offences of a sexual nature and identifies all such registered offenders living within a particular geographic area.
How Can Shory Law Help?
Our criminal defence lawyers have years of experience studying and practising in this area of law. We will communicate with the Police, the Crown, and the Court on your behalf, to ensure the best resolve of your case, in an effective and efficient manner.
If you have been charged with Sexual Assault, come see one of the lawyers at Shory Law. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.
There are numerous ways to resolve your charges, including having the charges:
- Withdrawn or Stayed;
- Dealt with by way of a fine;
- Dealt with through Probation;
- Dealt with through a Conditional Sentence Order (House Arrest); and
- Dealt with a short jail sentence.
Every client is our priority, and we will work closely with you to resolve your charges in the best way possible. In dealing with your charges our top priorities are:
- To avoid a jail term;
- To avoid a Criminal Record; and
- To avoid negative immigration consequences.
Get social and stay up to date with our community involvement:
FAQs
What are my options after being charged for a sexual offence?
Depending on your charge, there are a number of ways to resolve your matters without going to jail. Some sexual assault charges may be resolved by way of a discharge, which avoid both jail and a criminal record. Other sexual assault charges may be resolved by way of a Conditional Sentence Order, or more commonly known as House Arrest.
What Is the minimum sentence for sexual assault in Canada?
Depending on the type of sexual assault charge, the maximum penalties range from 18 months to life in jail. However, there are other ways of resolving these charges, that result in minimum to no jail time. Some sexual assault charges can be resolved without a criminal conviction.
How long does an assault charge stay on your record in Canada?
If you have been charged and convicted, the conviction will always remain on your record. However, you could apply for a Record Suspension to get the conviction expunged from your Criminal Record.
