Legal Definitions and Context

Sexual assault in Canada is defined under Section 271 of the Criminal Code. It covers any non-consensual touching of a sexual nature. This includes varying degrees of bodily harm inflicted during the act. 

Indictable Offences

Sexual assault causing bodily harm is categorized as an indictable offence. Indictable offences are more serious and carry harsher penalties and longer sentences if convicted.

Consent and Its Legal Implications

Sexual assault cases often hinge on consent. It must be clear, voluntary, and ongoing. Under Canadian law, consent cannot be given if an individual is:

    • Unconscious
    • Coerced
    • Underage
    • Unable to provide consent due to severe alcohol or drug impairment

In Canada, a person cannot consent to an assault or sexual assault which causes bodily harm such as serious bruises, cuts or broken bones.  The Criminal Code specifies that misconceptions about consent are not valid defences. For instance, believing someone consented due to their past behaviour or if they are in an ongoing sexual relationship with the accused does not hold up in court. Proper interpretation of the offence revolves around ensuring that all parties are consenting and willingly involved during the sexual activity in question.  

Consequences of Conviction

A conviction for sexual assault causing bodily harm can lead to serious legal and non-legal impacts. These will include lengthy prison time, penalties, and lasting effects on a person’s record.  A judge will also impose various ancillary orders such as DNA orders, weapons prohibition orders and mandatory National Sex Offender Registration.  

Imprisonment and Related Penalties

A conviction will result in significant jail time, often for many years, depending on the severity of the crime. Penalties might also involve being placed on probation upon completion of a jail term, a jail term coupled with a fine, and mandatory programs, such as anger management or sexual assault counselling. In some cases, the convicted individual might be labelled a “dangerous offender,” extending imprisonment  indefinitely and adding restrictions if they are ever released from jail.  Convictions can also influence parole eligibility.

Frequently Asked Questions

Bodily harm in Canada is classified based on the severity of the injury caused. There are distinctions between minor assaults causing bodily harm, aggravated assaults causing severe injury, and actions that lead to a risk of death or serious long-term health issues. For example, a  sexual assault which caused minor bruising would be considered to be on the lesser end of the bodily harm continuum. However, an accused who engaged in non-consensual vaginal or anal intercourse and caused minor bruising would be sentenced to many years in jail in Canada.