Under section 271 of the Criminal Code of Canada, sexual assault is an unwanted sexual act performed by one person on another without their voluntary agreement or consent. However, this definition is more complicated than it would appear at first. For instance, actions can be tagged as sexual and consent can be withdrawn at any time as there are no formal contracts signed by either party. Legal procedures surrounding such cases are often complicated; this makes sexual assault cases a daunting experience for those involved.
Sexual assault is a serious allegation that can have momentous repercussions for those charged with it. This makes sex assault trials more complex than other types of cases as many factors come into play.
To help those accused of sexual assault, our sexual offence lawyers in Brampton have created this short guide. Keep reading to discover what you need to know.
Sexual Assault Sentencing in Canada: A Quick Guide by Sexual Offence Lawyers in Brampton
If you or someone you know has been charged with a sex crime, it’s important to be well-informed and take the necessary next steps.
What factors affect the severity of a sexual assault sentence?
When someone is convicted of sexual assault, mitigating factors can help reduce their sentence, while aggravating factors may increase it. For instance, the defendant’s plea, age, and whether they are a first-time offender can determine whether they will receive a reduced sentence or a harsh one. On the other hand, aggravating factors tend to outweigh mitigating ones and often result in severe penalties and sentencing.
Mitigating Factors
- If the accused is a first-time offender, they may receive a reduced sentence.
- If they enter a guilty plea early, the judge may consider a reduced sentence.
- If the accused is also a minor, this may mitigate their sentence.
Aggravating Factors
- The younger the victim, the more severe sentencing is likely to be.
- If there is violence resulting in the victim sustaining injuries, this will aggravate the sentence.
- The vulnerability of the victim also determines the severity of the punishment. Under Canadian law, the vulnerable must be protected under all circumstances. If the victim has been forced in any way to perform sexual acts, the defendant will receive a harsher sentence.
- If there is a weapon involved, this will aggravate the defendant’s sentence.
- If the accused was aware that the victim was a minor, their sentence may be extended.
- If penetration was involved, it will take the case to another level and affect the accused more negatively.
- In the case of recurring offenders, the sentence will be aggravated, especially if their other offences were also sexual in nature.
Here are important questions related to sexual assault charges and their answers.
What is the minimum sentence for sexual assault in Canada?
Under the Criminal Code in Canada, there is a lengthy minimum jail sentence in cases where the victim was younger than 16 years (age of consent). And, how much jail time the accused will have to serve depends on whether the Crown chooses to proceed by indictment or summarily. For instance, if the victim was younger than 16 and the Crown decides to move forward with an indictment, the minimum mandatory sentence is one year in jail. On the other hand, if the Crown chooses to go ahead summarily, the sentence will be a minimum of six months if the victim is younger than 16.
If the victim is over 16, there is no fixed minimum sentence. Typically, the ranges in sentence in both Canada generally and Ontario specifically dictate that the accused must serve jail time. In severe cases, a lengthy sentence should be expected if the victim is under 16 years.
What about severe sentencing?
When someone is accused of sexual assault and found to have caused bodily harm, the most severe penalty is 14 years in prison, unless there is also a firearm involved.
For instance, if the defendant is found to have used a prohibited or restricted gun during the assault, the mandatory minimum sentence will be five years. On the other hand, if another firearm is found to have been used, the starting point for the sentence is four years. But if the victim is younger than 16, the minimum jail term is five years.
If the victim suffered severe injuries, the offender could face aggravated assault charges for which the minimum sentencing guidelines are the same as those for sexual assault. The maximum penalty for such crimes is life in jail.
Take a look at some other important things to know for someone charged with sexual assault.
As you can see, depending on the nature of the assault, the accused may face minor or major penalties, including several years in jail. If the defendant is looking to reduce their jail time, it’s imperative that they get strong legal representation. Sexual assault cases can be complicated and emotionally taxing on both parties. By having an experienced criminal lawyer, the process becomes easier to navigate.