Sexual assault is a criminal offence with serious legal implications. Depending on the nature and severity of the charge, penalties may range from heavy fines to jail time. Others include limitations on your employment or ability to hold public office, prohibitions on gun ownership or leaving the country, and the destruction of your relationships and reputation.
With so much at stake, it’s best to hire a criminal defence lawyer right away if you’ve been charged with sexual assault.
6 Questions About Sexual Assault Charges and Sentencing Answered
Are you innocent of the sexual assault charge made against you? In this post, we answer frequently asked questions about sexual assault and the laws that protect the accused from false allegations.
1. What’s the difference between sexual assault and sexual harassment?
Sexual assault refers to non-consensual sexual activity, including touching and attacking by using force, intimidation, threat, or abuse of authority. Sexual harassment is a legal conceptthat is largely used in civil law. Although ‘criminal harassment’ cantake on a sexual nature, sexual harassment in and of itself is not aseparate concept from ‘criminal harassment’ in the context of thecriminal justice system.
2. What happens if the accused is found guilty?
In certain cases, the judge may decide on punishment immediately. However, sentencing is put off generally for a few weeks, and a probation officer may be asked to prepare a pre-sentence report. They will speak to the convict’s acquaintances and write up a history of the accused. Details will include their place of birth, schooling, lifestyle and any past criminal record.
The victim may also be asked to testify at a sentencing hearing, where the complainant may provide detailsof the sexual assault. Some common questions include ‘were you hurt?’, ‘did you have to skip work due to your physical injury?’ and ‘how long was it before you could return to your usual activities?’ These facts, along with the accused’s personal details, will help the judge decide on the most appropriate punishment. In deciding the sentence, they may consider whether the accused has a criminal record and the seriousness of the crime. Repeat offenders are usually given harsher punishments.
3. Can a spouse or partner be charged with sexual assault?
Yes. Police can charge a partner/spouse with sexual assault if one reports that they have been sexually assaulted by the other. Sexual acts within a marriage or intimate partnership must be consensual. There is no “right” to sexual relations.
4. What punishment can a person found guilty of sexual assault expect?
According to Section 271 of the Criminal Code of Canada, a person who commits a sexual assault will be guilty of:
(a) An indictable offence whereby the accused is liable to imprisonment for a maximum term of 10 years. If the complainant is younger than 16, they are liable to imprisonment for a maximum of 14 years, with a minimum punishment of one year, or;
(b) An offence punishable on summary conviction is liable to imprisonment of 18 months. Or, if the complainant is younger than 16, the guilty party will be liable to a prison term of not more than two years less a day. The minimum term of imprisonment is six months.
5. What is the minimum sentence for sexual assault with a victim younger than sixteen?
The minimum sentence for sexual assault in Canada differs depending on the seriousness of the crime, the circumstances, and the victim’s age. The minimum sentence also depends on how the Crown Attorney decides to prosecute the case. They can either proceed by indictment (used for more serious offences) or by summary conviction (used for less serious cases where a faster procedure is warranted).
6. What is aggravated sexual assault and what is its probable punishment?
All sexual assault cases are serious but some charges can result in steeper punishments.
If a victim reports receiving a physical injury that impacts their daily activities, the accused will be charged with sexual assault causing bodily harm. If the crime is extremely heinous, the accused may be charged with aggravated sexual assault. In such cases, the victim’s life is threatened or the assault causes permanent injury or disfigurement. If the victim receives broken bones or scars, the offender will probably be charged with aggravated sexual assault.
Whether you’re being investigated for or charged with a sexual offence, you need a criminal lawyer who understands the complexities of the Canadian judicial system. While this FAQ hopefully answers some of your questions regarding sexual assault charges and their punishments, only an experienced criminal lawyer can protect your best interests.