The judge determines the specific sentencing for sexual assault based on several factors, such as:
- Nature of the assault
- Harm caused to the victim
- Offender’s criminal history
- Aggravating factors
- Mitigating factors
Also, the judge considers the principles of sentencing.
Note that sexual assault cases are complicated because people seem to dismiss consent knowingly or unknowingly.
Therefore, any inappropriate action could easily be claimed as a sexual assault.
If you want to understand the sentencing guidelines for sexual assault, knowing only what is the sentence for sexual assault in Canada—isn’t enough.
So, continue reading to explore the intricacies of the Canadian justice system, exploring how count determines the sentences for sexual assault convicts.
What is Sexual Assault in Canadian Criminal Code?
Sexual assault in the Canadian Criminal Code is defined under section 271.
It refers to any non-consensual sexual activity that involves the intentional application of force, threats, or deception on another person for a sexual purpose.
This definition encompasses a wide range of non-consensual sexual acts, including but not limited to:
- Unwanted touching
- Kissing
- Penetration or any other form of sexual contact
So, the key element is that the activity is performed without the voluntary consent of the other person involved.
The Criminal Code further states that consent must be given voluntarily by someone who has the capacity to consent and has not been obtained through threats, fear, or fraud.
And it is essential to note that consent can be withdrawn at any point during the sexual activity, and a lack of resistance or physical injuries does not imply consent.
What are the Sexual Assault Charges and Penalties?
In Canada, sexual assault charges can vary based on the specific circumstances and factors involved in the offence.
Below you will find some common sexual assault charges recognized in Canadian law, along with their corresponding penalties:
- Charge: Sexual Assault:
Penalties:
Indictable offence: Imprisonment for a term not exceeding 10 years
Summary conviction offence: Imprisonment for a term not exceeding 18 months
- Charge: Sexual Assault with a Weapon or Threats to a Third Party
Penalties:
Indictable offence: Imprisonment for a term not exceeding 14 years
Summary conviction offence: Imprisonment for a term not exceeding 2 years less a day
- Charge: Aggravated Sexual Assault:
Penalties:
Minimum punishment: Imprisonment for a term not less than 4 years
Indictable offence: Imprisonment for life
- Charge: Sexual Assault Causing Bodily Harm
Penalties:
Indictable offence: Imprisonment for a term not exceeding 14 years
Summary conviction offence: Imprisonment for a term not exceeding 2 years less a day
- Charge: Sexual Interference
Penalties:
Indictable offence: Imprisonment for a term not exceeding 10 years
Summary conviction offence: Imprisonment for a term not exceeding 18 months
- Charge: Invitation to Sexual Touching
Penalties:
Indictable offence: Imprisonment for a term not exceeding 10 years
Summary conviction offence: Imprisonment for a term not exceeding 18 months
What are the Factors Considered in Sexual Assault Sentencing?
When determining the sentence for a sexual assault conviction in Canada, judges consider various factors to ensure a fair and proportionate punishment.
Typically, the following factors are taken into account during sexual assault sentencing:
1. Nature and Severity of the Offence
The specific details of sexual assault in Canada, including the level of violence, use of weapons, duration, and any additional harm inflicted on the victim, are significant considerations.
2. Impact on the Victim
The physical, emotional, and psychological harm the victim suffers is a crucial factor in sentencing. Moreover, the court considers the short-term and long-term effects on the victim’s well-being, including any trauma, fear, or loss of trust resulting from the assault.
3. Degree of Consent
The presence or absence of consent is a fundamental aspect of sexual assault cases. Therefore, the court examines whether the victim provided voluntary and informed consent to the sexual activity. Besides, lack of consent or withdrawal of consent matters during the assault.
4. Criminal History
The offender’s prior criminal record and previous convictions, especially those related to sexual offences, may influence the sentence. Usually, repeat offences or a pattern of abusive behavior can lead to increased penalties.
5. Aggravating Factors
Certain factors can aggravate the offence and result in a more severe sentence. These may be: using a weapon during the assault, targeting vulnerable individuals, committing the offence as part of a group, or displaying a high degree of premeditation or planning.
6. Mitigating Factors
Conversely, the court also considers mitigating factors that may reduce the sentence. These can include: the age of an offender, no criminal record, genuine remorse and willingness to take responsibility, cooperation with authorities, or evidence of rehabilitation efforts.
7. Sentencing Principles
Judges apply the principles of sentencing outlined in the Canadian Criminal Code, which can be a denunciation of the offence, deterrence (both general and specific), rehabilitation of the offender, and protection of the public.
Final Remarks: What is the Sentence for Sexual Assault in Canada?
By carefully considering the factors, the judge aims to ensure the following:
- A fair and proportionate punishment that reflected the severity of the offence
- Acknowledges the harm inflicted on the victim
- And servers the interest of justice
It is essential to continue educating ourselves about sexual assaults and Canadian justice.
This way you can both prevent an assault from taking place or seek justice for a sexual assault in Canada.
And in case, you need help regarding a sexual assault case—you must seek the assistance of an expert lawyer.
FAQs
If you need further information, refer to these queries below:
How Is the Severity of Sexual Assault Sentence Determined?
The severity of a sexual assault sentence is determined based on factors such as the nature of the offence, harm caused to the victim, degree of consent, criminal history, and the presence of aggravating or mitigating circumstances.
What Is the Average Sentence for Sexual Assault?
The average sentence for sexual assault can vary widely depending on the specific circumstances of each case and the discretion of the judge. There is no fixed average sentence.
When Do You Get Discharged from a Sexual Assault Sentence?
The duration of a sexual assault sentence depends on the specific sentence imposed by the court. Upon completion of the sentence, an individual is typically discharged from the sentence, but any ongoing legal obligations or restrictions may still apply.
What Is the Least Sentence for Sexual Assault in Canada?
The minimum sentence for sexual assault depends on the specific charge and circumstances. The penalties range from imprisonment for a term not exceeding 18 months for summary conviction offences to life imprisonment for aggravated sexual assault.
How Much Jail Time Can One Get for Sexual Assault?
The amount of jail time one can receive for sexual assault varies depending on the specific charge and circumstances. It can range from imprisonment for a term not exceeding 18 months for summary conviction offences to life imprisonment for aggravated sexual assault.
