| Table of Contents |
| 4.1. Absolute Discharges |
Sentences for sexual assault vary widely depending on the details of the case. Here’s a quick overview of how minimums are determined:
- Victim under 16:
- Indictment: Minimum 1 year, maximum 14 years
- Summary: Minimum 6 months, maximum 2 years less a day
- Victim 16 or older:
- No mandatory minimums. If the crown elects to proceed summarily, the maximum sentence is 18 months. If the Crown elects by indictment, the maximum sentence is 10 years in jail.
- Aggravating factors like weapons, bodily harm, or the use of a firearm can increase minimums significantly (often 4–7 years)
- Aggravated sexual assault can carry a life sentence
- Judges must follow mandatory minimums but can impose higher penalties depending on the severity of the case
- Other consequences may include the Sex Offender Registry, restrictions, DNA data bank orders, and probation orders
Read on to understand the full range of sentencing outcomes and how factors like age, injury, and prior record affect your case.
Sexual assault cases can be emotionally draining and complicated. Also, the minimum sentence for sexual assault in Canada ranges widely depending on the nature and extent of the crime. Here we’ll look at “simple sexual assault” AKA “sexual assault simpliciter” and discuss minimum and maximum sentencing trends.
Type of Sexual Assault You Are Charged With
The most crucial factor in a sexual assault case is the type of assault charge involved. Such a determination will influence the minimum possible sentence.
For example, some crimes are considered sexual but do not fall under the definition of sexual assault. An invitation to touching would be a sexual crime, but not technically assault. In contrast, some crimes—like “sexual assault causing bodily harm” or “aggravated sexual assault”—carry a higher minimum sentence for sexual assault in Canada.
Factors Affecting the Severity of the Sentence
The minimum sentence for sexual assault in Canada varies based on how severe the case is. Both aggravating and mitigating factors come into play.
Aggravating Factors That Influence Sexual Assault Cases
Aggravating factors enhance a charge of sexual assault, potentially increasing the minimum sentence for the sexual assault charge. Aggravating factors include:
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- Predatory sexual behaviour
- Forcible confinement
- Age of the victim and knowledge of true age
- Degree of vulnerability of the victim (inarticulate, easily manipulated, disabled)
- Relationship of trust or offender was in a position of authority
- Degree of invasion of sexual integrity
- Degree of violence or force used
- Repeated acts of violence
- Whether a weapon was involved
- Manner of interference (attempted acts, kissing, touching outside of clothes, touching inside of clothes, digital penetration, oral sex, full intercourse)
- Whether there was penetration (digital or penile), and if so, whether there was a risk of STDs
- Impact on the victim, family, and offender
- Public abhorrence to the offence
- Attitude of the offender
- Biological or psychological factors
- Likelihood of rehabilitation
- Likelihood of repeat offence
Mitigating Factors That Affect Sexual Assault Cases
Mitigating factors are extenuating circumstances surrounding the assault case. These factors can lead to a lesser sentence or occasionally reduced charges.
- A less severe sexual assault (for example, a brief touching of a woman’s buttocks in a bar setting would be considered to be at the lesser end of the scale versus a serious rape case)
- Age of offender
- Guilty plea (early or late, saved resources and avoids the victim having to testify at trial)
- Genuine remorse shown by the accused
- No prior criminal record (related or unrelated)
- Counselling undertaken by the accused and genuine rehabilitative efforts
- A positive sexual assault risk assessment (i.e., a series of tests used to evaluate the likelihood of an individual engaging in future sexual violence)
Mandatory Minimum Sentence
The law dictates compulsory minimum sentences, and judges cannot violate them.
What Is the Mandatory Minimum Sentence in Canada?
The minimum sentence for sexual assault in Canada is the minimum penalty a judge must issue upon conviction. Judges can, however, deliver sentences that are higher than the minimum.
Sexual Assault With a Victim Younger Than 16
Mandatory sentencing for sexual assault depends primarily on the victim’s age. Other factors influence the outcome, too—for example, how the Crown Attorney decides to prosecute the case. Proceeding by indictment happens with more serious offences while summary conviction handles less severe situations—and processes them faster.
For example, if a victim of a sexual assault is younger than 16 years old, and the Crown Attorney is pursuing the case by indictment, the mandatory sentence is one year in jail. The maximum allowable punishment is 14 years in jail.
If the Crown Attorney elects to proceed summarily, the minimum sentence for sexual assault is six months in jail. The maximum allowable sentence is two years less a day where the victim is under 16 years old.
Sexual Assault With a Victim Older Than 16
If a victim is older than 16 years old at the time of the crime, there is no mandatory minimum sentence. A maximum does exist: ten years for an indictable offence and 18 months for summary conviction.
What Is a Discharge?
Discharge means that there is no formal conviction. However, there are two types of release.
Absolute Discharges
An absolute discharge occurs when a person pleads guilty, but is free to go and does not have a criminal record. One year following the release, all records of the discharge disappear.
Conditional Discharges
In cases where the judge finds the accused guilty but does not convict them, a conditional discharge applies. A conditional discharge involves a condition of probation, which requires the convicted party to fulfill specific duties and follow set guidelines for behaviour and movement for a set period of between 1 to 3 years.
National Sex Offender Registry
The topic of the National Sex Offender Registry often comes up regarding convictions and sexual assault sentences in Canada.
What Is the National Sex Offender Registry?
All people who receive a conviction of sexual assault have their name added to the National Sex Offender Registry. The Registry lists the person’s address, phone number, and vehicle information. People on the Registry must inform the police of their travel plans as well.
The length of time a person is on the Registry varies by case. Conviction via indictment means an offender remains on the Registry for 20 years. Summary conviction cases involve Registry enrollment for ten years.
Getting Taken Off the Registry
People on the Sex Offender Registry can petition for removal before the order ends. Timelines for application vary; if the order is for ten years, you can apply after five. In 20-year orders, ten years must pass before you may apply. And if the order is for life, 20 years must pass before an application is valid. Plus, the court may deny the request.
Other Types of Sexual Assault
Other types of sexual assault can result in more severe sentencing. For more details on how sentencing works, see the sentencing FAQ page.
Sexual Assault Causing Bodily Harm
Sexual assault causing bodily harm is a severe charge resulting from injury to the victim during the crime. The maximum sentence is 14 years in jail unless a gun is involved.
A “restricted” or “prohibited” firearm automatically results in a minimum sentence of five years in jail. Any other type of gun equals a mandatory four-year minimum sentence. Also, if the victim is under 16, the minimum punishment is five years of jail time.
Aggravated Sexual Assault
If a victim sustains an injury, the case typically converts to sexual assault causing bodily harm. However, more severe injuries may result in the perpetrator receiving aggravated sexual assault charges. This charge usually involves cases with permanently injured, disfigured, or endangered victims.
Minimum sentences for aggravated sexual assault follow the same guideline as sexual assault causing bodily harm, except that the maximum for aggravated is life in jail.
Additional Orders
Judges may add further orders to a conviction, even in cases of conditional discharge, which includes the probationary period. Often, these orders are part of probation.
- Not Being Allowed Near Children
- No Internet Access
- No Weapons
- No alcohol or drugs (if the charge involves their use)
- Treatment or Counselling
Final Thoughts
Alleged perpetrators of sexual assault can face minimum sentences ranging from no jail time to life in prison. Overall, the factors that affect sentencing include injury to the victim, use of a firearm in the assault, and the age of the victim.
| Crime | Minimum Sentence | Maximum Sentence |
| Sexual assault, victim younger than 16, indictment | 1 year | 14 years |
| Sexual assault, victim younger than 16, summary conviction | 6 Months | 2 years, minus 1 day |
| Sexual assault, victim older than 16, indictment | None | 10 years |
| Sexual assault, victim older than 16, summary conviction | None | 18 months |
| Sexual assault causing bodily harm, no firearm | None | 14 years |
| Sexual assault causing bodily harm, restricted or prohibited firearm | 5 years | 14 years |
| Sexual assault causing bodily harm, restricted or prohibited firearm, repeat offence | 7 years | 14 years |
| Sexual assault causing bodily harm, possession of other firearm | 4 years | 14 years |
| Sexual assault causing bodily harm, victim younger than 16 years old | 5 years | 14 years |
| Aggravated sexual assault, restricted or prohibited firearm | 5 years | Life in jail |
| Aggravated sexual assault, possession of other firearm | 4 years | Life in jail |
Assault cases can be complex, which is why having a strong legal team on your side is essential. If you need help fighting a sexual assault case, contact a knowledgeable lawyer for assistance today.
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