Acts of a sexual nature, which are committed without the consent of everyone involved, are crimes of sexual assault.
There is no definition in the Criminal Code of a sexual act. Therefore, to determine whether an act is sexual, a judge will consider the following:
Sexual assault can occur with or without contact with the genital organs. Sexual assault can occur with or without penetration of the genital organs. For example, anal intercourse, oral intercourse, groping, and kissing are also considered sexual assault if done without the consent of everyone involved.
Husbands and wives who force sexual acts upon their spouses may be charged with sexual assault, regardless of whether they are living together.
Consent means giving permission for something to happen or agreement to do something. Determining whether both parties consented to the sexual acts is an issue in many sexual assault cases.
The following are situations where one party’s consent is not valid:
If a person is charged with sexual assault, they can raise a defence that they believed that the victim consented to the sexual conduct. If this defence is raised, the Court must be convinced that the accused’s belief was honestly and reasonably held. An accused person must have taken reasonable steps to ensure that the victim was giving valid consent.
This defence is not available in cases where a child or vulnerable person has been sexually assaulted. Importantly, an accused cannot rely on being intoxicated to claim that they thought the victim consented to the sexual act.
There is no limit on the amount of time that may pass between when a sexual assault occurs and when a person can be charged. Complaints alleging sexual assault can be made many years after an event occurred.
Various forms of sexual assault can include:
If convicted of any of these types of sexual assault, the offender could be sentenced to a maximum of 14 years in prison.
The penalty for sexual assault varies depending on the seriousness of the assault.
The most serious type of sexual assault is known as aggravated sexual assault. This type of sexual assault is committed when an offender wounds, maims, disfigures, or endangers the life of the victim while committing the sexual assault.
If convicted of aggravated sexual assault, the offender could be sentenced to a maximum of life in prison.
In some cases, if an offender is found guilty of a specific type of sexual assault, mandatory minimum sentence will be imposed if:
Sexual assault complaints are sensitive and may cause embarrassment which prevents victims from coming forward. Victims who accused another person of committing sexual assault are protected by the Criminal Code, and are encouraged to speak to the police.
Protections provided by the Criminal Code include:
Incest occurs when a person has sexual intercourse with a parent, child, brother, sister, grandparent, or grandchild who is related to them by blood. This includes half-siblings.
In order to be convicted of incest, a Crown prosecutor must prove that the offender intentionally had sexual intercourse with a person that they knew was one of the listed blood relatives.
Incest is an indictable offence and could result in a sentence of up to 14 years in prison. If the other person involved in the incest was under the age of 16 at the time of the sexual intercourse, there is a minimum sentence of 5 years in prison.
If an offender is charged with incest, they can raise a defence. If the offender was under restraint, duress, or was afraid of the person with whom they engaged in intercourse, they may be able to raise a defence to the charge.
If you have been charged with any type of sexual assault, you should seek legal advice immediately.