The Different Sexual Assault Charges In Ontario

In Ontario, sexual assault is defined as any form of sexual activity that happens with another person without their consent. Sexual assault includes everything from unwanted kissing, to grabbing, fondling, groping, sexual harassment and attempted or completed rape.

The consequences of a sexual assault conviction can include a prison sentence, though some forms of sexual assault do not have a mandatory minimum sentence. A prison sentence for sexual assault can range from zero to fourteen years.

The length of a prison sentence is determined by a few factors, including:

• Amount of harm inflicted
• Age of the complainant (if the complainant is under the age of 16 years old, prison sentences tend to be longer for the convicted party)
• Whether or not a firearm was used during the assault
• The criminal history of the accused (i.e. is this the first sexual assault charge they have received?)
• Whether the Crown pursues an indictment or summary conviction
• Mitigating or aggravating factors

A sexual assault conviction also results in other consequences that can affect your life long after a prison sentence. These include:

• Not being allowed near children, including restrictions on where you live and the kind of job you can do - this only applies if the complainant is under the age of 16 years old
• Restrictions on your access to the internet
• Restrictions on weapons you are allowed to own, including everything from guns to crossbows
• Restrictions on international travel, particularly across the US border
• Having to be on the National Sex Offenders Registry for a period of time

Under Ontario law, there are several different classifications of sexual assault and each comes with different forms of punishment. We have summarized each type below.

Sexual Assault

Common sexual assault describes a sexual assault where the complainant's sexual integrity is violated. This kind of sexual assault does not have to involve any injuries, and if it does, they are only minor injuries.

Sexual Assault Causing Bodily Harm (Level 2)

This is a step up from the first level and is more likely to come with a heftier sentence. This kind of sexual assault involves sexual assault with a weapon, threats or causing bodily harm.

Aggravated Sexual Assault (Level 3)

Aggravated sexual assault is a sexual assault that results in the wounding, maiming, or disfiguring of an individual, or that endangers the life of the victim. 

The maximum sentence is life imprisonment. With a firearm, a minimum mandatory sentence for aggravated sexual assault begins at 5 years in prison.

Need A Sexual Assault Lawyer In Richmond Hill? Contact What The Law Today.

If you or a loved one is facing criminal charges for sexual assault, contact What The Law and speak with an experienced criminal defense lawyer. Our team of sexual assault lawyers in Richmond Hill understand these charges and are prepared to help you mount a strong defense strategy to get the charges dropped or dismissed. Contact us to schedule a case review.