Criminal Law – Sexual Assault

Sexual Assaults are some of the more serious crimes in Canada.  They are found in Sections 271, 272 and 273 of the Criminal Code of Canada and can carry a sentence of life in prison.  In addition to a hefty sentence, a person convicted of a sexual assault is placed on Sexual Offender Registry causing them embarrassment and potential loss of future opportunities.  

Sexual Assault under Section 271 of the Criminal Code of Canada is a Hybrid Offence.  Meaning that where a Defendant is charged with Sexual Assault, the Crown Attorney can elect to proceed either Summarily or Indictable.  The Crown Attorney makes the election, between Summarily and Indictable, early in the proceeding; if the Crown Attorney does not elect, then they are presumed to have elected Indictable.  Depending on the election, the accused may face significant incarceration if found guilty.

Sexual Assaults under Section  272 and 273 are straight Indictable offences and carry significant prison time if found guilty.

I have included a chart to facilitate the understanding of the possible sentencing available if one is found guilty of a Sexual Assault.

Noting the above, not everyone that is charged with an offence is found guilty.  The Crown Attorney has the burden of proving all the elements of the offence beyond a reasonable doubt.

A lawyer can help secure your freedom.
There are several defenses to Sexual Assaults including consent.  “Consent” is a very complex legal term that needs to be dissected using case law and precedent.  In addition to exhausting all options of defences found in the  Criminal Code of Canada and the Common Law, a Lawyer may also challenge the Crown Attorney’s case.  A Lawyer may be able to question the Crown Attorney’s witnesses and statements of the events which may lead the trier of fact, Judge or Jury, to find that the crown has not met their burden of proving every element of the offence beyond a reasonable doubt resulting in a favourable verdict for you.

A lawyer can help secure a lesser sentence.
If one is guilty of an offence, whether by a guilty plea or after a trial, the court is left with the decision on sentencing.  The Criminal Code of Canada provides a basic guideline of Maximum and Minimum sentencing permitted and the types of Sentences available for each offence under the Criminal Code of Canada.  A lawyer may advocate for a sentence specifically tailored for the individual, which usually means lesser probation, fine, or jail than that sought by the Crown Attorney.

The law is vast and complex.  I can help!