Sexual assault is an offence that is punishable under Canadian law. The legal definition of sexual assault is based on two key elements: the sexual nature of the act and the absence of consent. Many victims hesitate to seek help because they do not know enough about their legal rights. The purpose of this article is to clarify which behaviors are covered by the legal definition of sexual assault and to explain the legal remedies available to victims.
What is sexual assault under the Canadian Criminal Code?
The legal definition
The Canadian Criminal Code defines sexual assault as any contact of a sexual nature made without the consent of the person concerned. This contact does not need to involve significant physical violence or penetration to qualify as an assault. It is considered a legal offense if there is no free and voluntary consent.
Types and forms of sexual assault
The act may include non-consensual sexual relations, and also other forms of violence or sexual harassment. The Code distinguishes three levels of sexual assault:
- Simple sexual assault (article 271): any non-consensual touching or physical contact, without aggravating circumstances.
- Sexual assault with a weapon or causing bodily harm (article 272): the perpetrator uses a weapon, inflicts bodily harm or acts with someone else.
- Aggravated sexual assault (article 273): the perpetrator seriously injures, mutilates or endangers the life of the victim during the act.
These categories directly influence the penalties incurred, which can range from a few months’ imprisonment to several years, depending on the seriousness of the act and the aggravating circumstances. Committing such an act constitutes an infringement of a person’s fundamental rights.
Consent: a decisive criterion
Valid or invalid consent
For a sexual act to be legal, the person must give free, informed and ongoing consent. Consent can be withdrawn at any time. The absence of physical resistance or words is never equivalent to consent.
The law considers that there is no consent in the following situations:
- The person is unconscious, intoxicated or incapable of understanding the nature of the act.
- Consent is obtained by manipulation, threat, blackmail or use of force.
- The person is a minor and under the authority or influence of an adult or a person in a position of power.
- Silence, fear or immobility cannot be interpreted as consent.
Previous consent does not justify subsequent action. It must be renewed for each interaction.
Errors of perception
The law does not accept a “reasonable error” defense regarding consent if that belief wasn’t based on clear indicators. The courts analyze the accused’s behavior: did they check that the person agreed? Did they make sure they were comfortable and genuinely willing to participate in the act? If there is any doubt or ambiguity, the act may be deemed illegal.
What situations can be recognized as sexual assault?
Common acts reported by victims
Sexual assault can take many different forms. The law does not limit itself to extreme cases. What matters is non-consent.
The following behaviors are often the source of complaints:
- Touching an intimate body part without consent
- Forcing a kiss
- Insistently rubbing someone
- Masturbating or displaying private body parts in front of others
- Forcing someone to perform sexual acts under duress or pressure
- Attempting a sexual act despite signs of refusal
Even if these acts seem “less serious”, they can be traumatizing and legally recognized as sexual assault.
Relationship between perpetrator and victim
The relationship with the perpetrator in no way negates the illegal nature of the assault. The perpetrator may be:
- A spouse or ex-spouse (often in the context of domestic violence)
- A colleague or superior
- A health, school or community professional
- A family member
- A stranger
The law treats all cases with the same seriousness. When one person abuses another’s position or vulnerability to obtain sexual acts, this constitutes aggravated sexual assault.
Legal recourse and support: denouncing your attacker
Filing a criminal complaint
A victim of sexual assault can file a complaint with the police. An investigation will be launched, and if there are sufficient facts, criminal charges may be laid by the Directeur des poursuites criminelles et pénales (DPCP).
There is no time limit for reporting sexual offences: the victim of a sexual assault can report the facts even years later. This allows people who have experienced traumatic events to do so at their own pace.
The criminal trial is designed to punish the perpetrator. The victim does not have to prove their side of the story according to the logic of civil law, but must testify to the facts before a judge.
Obtaining compensation
Independently of a criminal prosecution, the victim of a sexual assault can take civil action to obtain financial compensation. The purpose of this procedure is to recognize the physical, psychological, social and economic consequences of the assault.
A sexual assault lawyer can help you :
- Gather medical and psychological evidence
- Demonstrate the lasting effects of the assault
- Calculate the amount of damages
- Manage the legal process rigorously
In some cases, the victim may also be eligible for compensation via the Indemnisation des victimes d’actes criminels (IVAC). This program offers financial and therapeutic support, including psychological care.
What are the penalties for sexual assault?
The Criminal Code of Canada sets out clear penalties for sexual assault, depending on the seriousness of the offence and the circumstances surrounding it. The law also provides for mandatory minimum sentences in certain situations, notably when the victim is under 16 years of age.
Simple sexual assault (article 271)
Maximum penalty: 10 years’ imprisonment.
Minimum sentence: 1 year if the victim is under 16.
Judges consider aggravating factors like repeat offenses, the accused’s authority, or the victim’s psychological harm.
Sexual assault with a weapon or causing injury (article 272)
Maximum penalty: 14 years’ imprisonment.
Minimum sentence: 5 years if the victim is under 16.
The use of a weapon, threatening a third party or causing bodily harm considerably increases the penalty.
Aggravated sexual assault (article 273)
Maximum penalty: life imprisonment.
Minimum sentence: 7 years if the victim is a minor.
This category covers acts causing serious injury, mutilation or endangering the victim’s life.
Other legal consequences
In addition to the prison sentence, a conviction for sexual assault has other long-term consequences:
- Inclusion in the national sex offenders register
- Restrictive probation conditions
- Bans on working with vulnerable people (children, the elderly, etc.)
- Bans on communication or contact with the victim
Why consult a personal injury lawyer?
Sexual assault raises complex issues: trauma, fragmented memory, context of dependence or pressure, impact on professional and family life. The complexity of the situation should never prevent a person from obtaining justice.
A personal injury lawyer knows the mechanisms of proof, the administrative procedures and the recourse available. They act as a legal representative, but also provide practical support during the process.Medlégal is a law firm specializing in health law. We have an experienced team specializing in disputes involving sexual violence and bodily harm. Our personal injury and moral injury lawyers support victims of sexual assault in their legal proceedings and compensation claims. If you have any questions about what you have experienced, please contact us.
