Being accused of sexual assault can be frightening and overwhelming. You may be worried about your freedom, reputation, relationships, education or employment. You may also be unsure what the accusation means legally or what will happen next.
A sexual-assault allegation is serious, but an allegation or criminal charge is not the same as a conviction. Under Canadian law, you are presumed innocent unless the Crown proves every essential element of the offence beyond a reasonable doubt.
What is Sexual Assault?
Canadian law does not define sexual assault as one specific physical act. Generally, it involves intentional physical contact that is sexual in nature and takes place without the other person’s consent.
Whether contact is considered sexual depends on the circumstances, including the nature of the contact and whether it violated the complainant’s sexual integrity.
What is Consent?
In many sexual-assault cases, the main legal issue is consent.
The Criminal Code defines consent as the complainant’s voluntary agreement to participate in the specific sexual activity that occurred. Consent must exist at the time of the activity and must continue throughout it. A person can withdraw consent after initially agreeing.
Possible Penalties
The consequences of a conviction depend on the offence, the complainant’s age, the circumstances of the case, your criminal record and the presence of aggravating or mitigating factors.
A section 271 offence (Sexual Assault) prosecuted by indictment generally carries a maximum sentence of 10 years’ imprisonment. The maximum increases where the complainant is under 16.
More serious charges under Sexual Assault sections 272 and 273 can carry maximum sentences of 14 years or life imprisonment, depending on the circumstances. Some cases involving young complainants, weapons or firearms are subject to additional sentencing rules.
A conviction may also result in probation, contact restrictions, DNA orders and registration under federal sex-offender legislation. It may affect employment, travel, immigration status, professional licensing and family-court proceedings.
A conviction does not automatically result in the maximum penalty. Sentencing is based on the individual facts of the case and the principles set out in Canadian law.