Sexual Assault vs Harassment and Misconduct: What are the Differences?

Due to the devastating physical and emotional trauma they can cause, sexual assault, sexual harassment, and sexual misconduct are offences that come with serious legal consequences in Canada. As a leading law firm in Ontario, a question we are often asked at Kruse Law Firm is what the difference is between the three under criminal law. 

In this blog post, we will delve into the nuances of sexual assault, harassment, and misconduct, shedding light on their definitions, legal consequences, and the importance of seeking professional guidance when facing such charges.

Sexual assault charges are categorized into three levels, each reflecting the severity of the offense. Here is a description of the types of sexual assault:

Sexual assault is a grave offence with significant legal consequences. If the victim is under age,  there is also mandatory  minimum sentencing for sexual assault charges in Canada. Those convicted of sexual assault usually face imprisonment unless the offence is very fleeting or minor, such as a brief touching of a person’s buttocks in a bar setting. However, even a very minor sexual assault can attract a jail term. The severity of the penalty depends on various factors, including the level of the assault. For example, an assault involving sexual intercourse is on the more aggravated end of the spectrum and will result in multi-year prison terms.   Individuals who are found guilty of sexual assault can be sentenced to imprisonment for up to 10 years or up to 14 years if the complainant is under 16 years old. These penalties underscore the seriousness of the crime.

Also, if a weapon is involved, the punishment becomes even more severe, potentially leading to life imprisonment. Beyond imprisonment, convictions for sexual assault can lead to mandatory registration as a sex offender and long-term impacts on personal and professional life.

Sexual harassment involves unwelcome sexual advances, comments, or conduct that create a hostile or intimidating environment for the victim. It is not limited to physical acts and can manifest through verbal or non-verbal communication. Sexual harassment can occur in various settings, including workplaces and educational institutions. 

Examples of sexual harassment include unwanted sexual comments, inappropriate comments about sexual orientation or a person’s gender identity, requests for sexual favours, sexual jokes, and unwarranted physical contact. 

In workplaces or educational institutions, it can manifest through cyberbullying, explicit messages, or persistent inappropriate behaviour, causing emotional distress and violating an individual’s rights. Recognizing these examples is essential for both victims seeking justice and institutions addressing such misconduct.

Sexual misconduct is a lay term, which encompasses a wide range of behaviours, that are not defined under criminal law. This term is often used in professional codes of conduct and institutional policies, as well as in popular discourse, to cover a range of behaviours that are widely deemed unacceptable, however, their definition under law is up for debate. 

When facing charges related to sexual assault, sexual harassment, or sexual misconduct, the expertise of a criminal defence lawyer can make a significant difference.

At Kruse Law Firm, we are committed to providing expert legal guidance and support in matters related to sexual assault or harassment. If you find yourself in a situation involving these charges, we encourage you to reach out to us. Our experienced team is dedicated to ensuring that your rights are protected, and we are here to assist you every step of the way. 

Contact us for a free consultation.