Canadian Sexual Assault Laws: Key Protections and Penalties

Few crimes carry the weight and complexity of sexual assault allegations. At Jaswal & Krueger Criminal Defence Lawyers, we've represented clients across British Columbia and understand how these cases move through the legal system—from police investigations to Crown decisions and courtroom outcomes.

Misconceptions about Canadian sexual assault laws can harm both victims and the accused. Our goal here is to explain the law in clear terms, not legal jargon, so that anyone facing a charge or trying to understand their rights can do so with confidence.

Under Section 271 of the Canadian Criminal Code, a person commits sexual assault when there is any sexual contact without consent. The act doesn't have to involve penetration or visible bodily harm to qualify as an indictable offence. It includes any unwanted sexual touching, or any sexual activity that violates a person's sexual integrity. The law treats these incidents with the same seriousness as any other form of assault, emphasizing that the issue is not the sexual nature of the act itself but the lack of consent.

Consent, under Section 273.1, is not implied, assumed, or permanent, and it must always be given freely and can be withdrawn at any time. It's important to note that a person cannot legally consent while unconscious, threatened, coerced, or significantly impaired by substances. 

The law also recognizes specific circumstances where a power imbalance or sexual exploitation makes consent invalid. Understanding how consent works is extremely important because a misunderstanding can expose a person to criminal liability even where no force was intended.

There are three sexual assault levels in Canada, each classified according to the harm caused. The first involves basic, non-consensual sexual contact without weapons or injury. The second—sexual assault with a weapon or causing bodily harm—involves the use or threat of a weapon or results in physical injuries. The third, aggravated sexual assault, applies when the assault is committed that wounds, maims, or endangers life. These gradations allow the court to respond proportionally to different forms of harm and intent, reflecting how seriously the justice system views offences involving violence or intimidation.

In Canada, sexual offences can be prosecuted as a summary conviction or an indictable offence, depending on their seriousness, with the maximum sentence for aggravated sexual assault being life imprisonment. Some crimes may carry mandatory minimum sentences. Judges will consider case law, the age of the victim, the offender's record, and any aggravating or mitigating factors like mental illness before coming to a sentence.

The Canadian Victims Bill of Rights recognizes that those who have been sexually victimized deserve more than acknowledgment—they deserve protection and participation in the process. In sexual assault cases, victims may request publication bans, testify behind screens, or use testimonial aids to reduce trauma in court. Victim services play an important part in the process by offering safety planning, counselling referrals, and updates as the Crown proceeds through the criminal justice system.

Although only a small number of sexual assault incidents are reported to police, each report initiates a structured process. Police investigate and may recommend that charges be laid. Crown counsel must then review the investigation and decide whether to approve charges. For the most serious offences there is no limitation period, allowing charges to be brought many years later if new evidence is found or there was a delay in reporting the allegations.

Being accused of a sexual offence can alter a person's life in every way. The process is invasive and lengthy. Our job as defence counsel is to scrutinize evidence, challenge flawed procedures, and question unreliable testimony. Many sexual assault allegations depend on perception and memory, which means credibility is central to the outcome. Common defences may involve a mistaken belief in consent, fabrication, or Charter violations during investigation. 

At Jaswal & Krueger, our sexual assault lawyers approach every criminal case individually—protecting legal rights, minimizing exposure to severe penalties, and guiding clients through the justice system with precision and discretion.