- Level 1: Sexual act that violates sexual integrity but causes no physical injury (e.g., unwanted sexual kissing, touching, oral sexual, or sexual intercourse).
- Level 2: Involves a weapon, threats to a third party, or causes bodily harm.
- Level 3: Aggravated — causes serious injury, disfigurement, or endangers life.
- The nature of the physical contact
- The body part and region that was touched
- The factual situation leading up to the sexual assault and during same
- Whether there were gestures or words that accompanied the assault
- Whether there were threats that may or may not have been combined with force
- Other relevant circumstances involved in the assault
Types of Sexual Assault Charges
Sexual assault is not limited to one type of act. When the accusations are brought to the police, the accused will face one of three different charges. Section 271, 272 and 273 of Canada’s Criminal Code define and categorize the crime of sexual assault on three different levels:- Level One Sexual Assault: This level indicates that the assailant committed an assault that was sexual in nature, but though it compromised the sexual integrity of the victim, no physical injuries were inflicted. This may include inappropriate touching, unwanted kissing, and oral, vaginal, or anal sex. On this level, the matter of consent is critical.
- Level Two Sexual Assault: Involves sexual assault with aggravating factors, such as carrying or using a weapon (or imitation weapon), threatening or causing bodily harm, threatening a third party, or committing the assault with another person. This level reflects a greater threat to the victim’s safety.
- Level Three (Aggravated Sexual Assault): The most serious level. Occurs when the assault wounds, maims, disfigures, or endangers the victim’s life. This level carries the harshest penalties, up to life imprisonment.
Work with a Knowledgeable Sexual Assault Defence Lawyer in Toronto, Kitchener, London or Windsor
The prosecution of sexual assault is complicated due to the many legal issues that surround these types of cases, such as:- Whether consent was given
- Whether the accused genuinely believed consent was given (i.e., honest but mistaken belief in communicated consent)
- The presence of any prior or subsequent sexual acts that can be used in court
- The actual age of the alleged victim
- The accused’s belief regarding the alleged victim’s age
- Whether alcohol or drugs were involved (under the Criminal Code, a person cannot give consent if he or she is extremely drunk, asleep, or unconscious.)
Michael Kruse is a seasoned criminal defence lawyer with more than 36 years of experience in Ontario. A former Assistant Crown Attorney, Mike brings decades of courtroom and trial experience to the defence of serious criminal charges. He leads Kruse Law Firm with a strategic, practical approach focused on strong advocacy and achieving the best possible outcome for every client.
