Sexual Assault

The offence of “sexual assault” has a number of components. It must be proven that:

  • You applied force to another person
  • That application of force was intentional
  • The application of force was without the person’s consent or they were too young to legally consent
  • The nature of the touching violated the sexual integrity of the person touched

This definition covers a wide variety of conduct; for example, all the below examples can be prosecuted as sexual assaults:

  • An unwanted kiss
  • A brief groping overtop of another person’s clothing
  • Consensual sexual activity with someone legally too young to give consent
  • Disciplining a child by striking the buttocks or genitals
  • Sexual activity with someone who is sleeping or unconscious
  • Forced intercourse, fellatio, cunnilingus, or digital penetration on a resisting and unwilling person

The available punishments:

  • Up to 10 years in prison
  • Mandatory registration as a sexual offender for 20 years
  • Up to 3 years of probation
  • Mandatory surrender of a DNA sample to the National DNA databank
  • An order that you not own or have any weapons, including firearms, in your possession
  • An order that you not attend any public park or pool, schoolyard, playground, or any other place where children under 16 can be expected to be (if the victim is under 14 years old)

Parliament has recently instituted mandatory minimum sentences for sexual assault if the victim was under 16 years of age at the time of the offence. you can face a minimum of:

  • 1 year (if the Crown proceeds by Indictment)
  • 6 months (if the Crown proceeds by Summary Conviction)

If you've been charged with any type of sexual offence, call Nikolas now at 613-233-2542.