Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. The Supreme Court of Canada held that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim. When investigating a sexual assault, there are certain relevant factors to consider:

• The part of the body touched
• The nature of the contact
• The situation in which the contact occurred
• The words and gestures accompanying the act
• All other circumstances surrounding the act
• Any threats that may or may not be accompanied by force

The victim of the sexual assault can be man or woman and the attacker can be of the same sex as the victim. A spouse may be charged with sexual assault upon the other spouse.

Punishment

Everyone who commits a sexual assault is guilty of

• An indictable offence and is liable to imprisonment for a term not exceeding ten years or
• An offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months

Sexual Assault With a Weapon/Threats to a Third Party/Causing Bodily Harm Section 272

Every person commits an offence who, in committing a sexual assault

• Carries, uses or threatens to use a weapon or an imitation of a weapon
• Threatens to cause bodily harm to a person other than the complainant
• Causes bodily harm to the complainant, or
• Is a party to the offence with any other person
  
  

Punishment

Every person who commits an offence under subsection (1) is

• Guilty of an indictable offence and liable
• Where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years and
• in any other case, to imprisonment for a term not exceeding fourteen years

Aggravated Sexual Assault Section 273

Every one commits an aggravated sexual assault who

• In committing a sexual assault
• Wounds, maims, disfigures or endangers the life of the complainant
  
  

Punishment

Every person who

• Commits an aggravated sexual assault
• Is guilty of an indictable offence and liable
• Where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years and
• In any other case, to imprisonment for life 

Legal Age

A person who is under the age of sixteen cannot consent to sexual activity with another person who is five or more years older than them. A person who is under the age of fourteen years cannot consent to sexual activity with another person who is two or more years older than them. In any case, a person in authority cannot use consent as a defence of having sexual activity with a person under the age of sixteen.

If you have been the victim of Sexual Assault and you require support, please contact Crime and Trauma-Informed Support Services at 780-421-2217 or via email.