Types of Sexual Assault Charges in Ontario

A sexual assault charge can be life-changing for defendants in Ontario.

With harsh penalties from the criminal justice system and longer-term consequences that can severely damage reputations, employment prospects and more, it’s important to seek the assistance of a criminal defense lawyer to prevent the charge from dominating your future.

Sexual assault charges vary greatly in gravity — from minor offenses to serious aggravated rape — but all are criminal offenses that can result in a lifelong criminal record.

Understanding what you’re charged with and the potential consequences is the first step. Then, a sexual assault lawyer can start building a defense to prevent the worst consequences.

What is sexual assault in Ontario?

According to Section 271 of the Criminal Code, sexual assault is any form of sexual activity that happens with another person without their consent.

There must be force or threat of force used and no consent from the victim (i.e., the sexual integrity of the victim must be violated) for an individual to be convicted of the offence.

The charge covers a very wide range of behaviours — from relatively minor offenses like unwanted touching/kissing to more serious grabbing, fondling, groping, sexual harassment and rape.

Even if there is no physical touching of the victim, a credible threat of force may be sufficient to press charges.

When classifying how serious the charge is, the following factors are usually considered:

• The circumstances leading up to the alleged assault
• The ages of the parties involved
• The facts surrounding how the victim’s sexual integrity was violated
• The nature of the sexual contact or threats
• Whether physical injury was caused to the victim
• The body part/region touched
• Any threats combined with force
• Gestures or words signifying that the contact was non-consensual
• Whether it is a first-time or repeat offence

All sexual assaults are non-consensual. With the age of consent in Ontario set at 16, no one under that age can legally provide consent (with some exceptions based on the age of the other party involved).

Penalties for sexual assault convictions in Ontario

Depending on the type of sexual assault charge in Ontario, the consequences of a conviction can be life-changing.

Defendants face a prison sentence of up to 14 years for an indictable offence. Some offences carry mandatory minimum prison sentences.

Here’s what the Criminal Code says:

Everyone who commits a sexual assault is guilty of

    (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

The length of the sentence imposed will depend on the following factors:

• The amount of harm inflicted on the victim
• The age of the complainant (tougher sentences if the victim is under16 years old)
• Whether or not a firearm was used during the sexual assault
• The criminal history of the accused (i.e., first-time offenders may be afforded some leniency)
• Whether the Crown pursues an indictment or summary conviction
• Mitigating or aggravating factors

Main types of assault charges in Ontario

When classifying sexual assault charges, we can break offences down broadly into three main types:

Level 1: Common sexual assault

Common sexual assault is the most common type of charge and occurs when an assault takes place that is sexual but does not result in any physical injuries. This is a broad offence that is left quite vague in the Criminal Code, with references to the “sexual integrity of the victim” being violated.

Penalties range from one year (minimum sentence) to 14 years in prison if the victim is under 16 and up to 10 years if the victim is older than 16.

Level 2: Sexual assault with a weapon, threats to a third party or causing bodily harm

Sexual assault causing bodily harm is treated more harshly than common sexual assault — especially if a weapon or threat of harm was used in the commission of the crime.

The weapon used in the assault can be anything but is treated more severely if a restricted or prohibited weapon is involved.

These types of sexual assault charges can result in the following penalties:

• Sexual assault with a restricted or prohibited weapon: a minimum prison sentence of 5-7 years (depending on whether it is a first or repeat offence) and a maximum sentence of 14 years.
• Sexual assault with a non-restricted weapon: a minimum prison sentence of 4 years and a maximum of 14 years.

A minimum sentence of five years in prison applies to these charges if the victim is under the age of 16. The maximum sentence is life imprisonment.

Level 3: Aggravated sexual assault

If the victim of the sexual assault is severely injured (maimed, wounded disfigured or their life is put in danger), a charge of aggravated assault may follow.

This is considered the most serious type of sexual assault charge in Ontario and can lead to life imprisonment:

• Aggravated sexual assault with a restricted weapon: a minimum prison sentence of 5-7 years (depending on whether it is a first or repeat offence).
• Aggravated sexual assault with a non-restricted weapon: a minimum prison sentence of 4 years and a maximum of 14 years.

Long-term consequences of a sexual assault conviction

If you’re convicted of sexual assault in Ontario, it’s not only the prison sentence you have to worry about. Several possible long-term consequences may impact your future.

Most notably, these are:

• A lifelong criminal record that can impact employment, education and immigration status (if not a Canadian citizen)
• Mandatory registration on the National Sex Offenders Registry and the Ontario registry
• Not being allowed near children, including restrictions on employment and where you live (if the complainant is under the age of 16)
• Restrictions on Internet access
• Restrictions on weapons you are allowed to own (guns, crossbows, etc.)
• Restrictions on international travel, particularly in the U.S.

Sexual assault charges are complex. To defend a charge or get assistance with any other criminal matter, book a free consultation with David Anber’s Law Office.

As experienced criminal defence lawyers, we will help you understand your legal options and avoid any unnecessary time in custody.