"Sexual Assault"

s. 271 of the Criminal Code of Canada

The actus reus of sexual assault requires sexual touching by the accused of the complainant without the subjective consent of complainant. Note that the complainant, as a factor of being under the age of 16 or due to heavy intoxication may not have the ability to consent under the law. Sexual assault charges can have devastating effects on all aspects of your life. If you are charged with sexual assault, Song Criminal Defence can help. Call us today for a free consultation on how you can protect your legal rights.

Criminal Code of Canada, s. 271

"Everyone 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 a 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."

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity of the Accused
2. Date and Time of Offence
3. Jurisdiction
4. Accused assaulted the complainant
5. Whether or not there was consent or an inability to provide consent by the complainant
6. Whether or not there was contact
7. The contact involved in the assault was a of sexual nature
8. The age of the complainant and the accused
9. The relationship between the complainant and the accused
10. Medical evidence (if any)
11. DNA evidence (if any)

Sentencing on Conviction | "Punishment"

1. Criminal Record: A sexual assault will result in a criminal record.
2. Minimum Penalties when victim is under 16 years of age.
• Summary Election: 6 months jail term.
• Election by indictment: 1 year jail term.
3. Maximum Penalties:
• Summary Election: 18 months jail term.
• Election by indictment: 10 year jail term.
• When victim is under 16 years of age and summary election: 2 years less a day jail term.
• When victim is under 16 years of age and election by indictment: 16 year jail term.
4. Possible weapons prohibition.
5. DNA order.
6. SOIRA order ("sex offenders registry") for 10 years, 20 years, or life.
7. Order that limits contact with anyone under the age of 16.
8. Non-communication and non-attendance orders.
9. Victim Fine Surcharge.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.