Depending on the type of sexual offense committed, there are different maximum and minimum sexual assault charges. Indictable offenses carry a prison sentence of up to ten years. Summary convictions are less serious. They can carry a jail sentence of up to 18 months. The maximum and minimum sentence for a sexual offense depends on the victim’s age, the weapon used, and whether the offender has prior convictions.
Seven-year jail for a person who commits a second sexual assault offense:
The Criminal Code of Canada defines sexual assault as “an unwanted sexual act without the victim’s consent.” Sexual assault is considered a felony. A person is guilty of aggravated sexual assault if the offender causes bodily harm or injury or causes significant injury. A person who commits a second sexual assault offense faces a seven-year jail term. A defendant convicted of a sexual assault offense with a non-restricted firearm may face a five-year prison term. A second offense of sexual assault with a firearm is a serious offense.
If the victim is under sixteen, the offender may face one year of prison:
The Criminal Code sets a mandatory minimum sentence for sexual offenses committed against complainants less than sixteen years of age. If the victim is under sixteen, the mandatory minimum is one year in prison. However, the judge may sentence the offender to a minimum of two years in prison. The judge will also consider the aggravating factors. These factors include the offender knowing the victim is a minor and that the offender committed the offense with a weapon.
The sentencing judge will also take into consideration the quality of the defense. If the defense has provided a good defense, the judge may sentence the offender to more than the mandatory minimum. If the offender did not provide a good defense, the judge would likely sentence the offender to a lesser sentence.
In some cases, it can be 14 years in prison:
The maximum sentence for sexual assault under the Criminal Code of Canada is fourteen years in prison. For a sexual offense with a weapon, the maximum sentence is fourteen years. The maximum sentence for a sexual offense committed against an adult is ten years in prison.