Sexual Assault Charges | Criminal Lawyers in Brampton

Our experienced team of Criminal defence Lawyers represent clients charged with Sexual Assault offences in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario.      

In Canada, the Criminal Code defines sexual assault as: “any unwanted sexual act done by one person to another or sexual activity without one person's consent or voluntary agreement”.  Consent is an important feature in Sexual Assault cases and can be a defence in some circumstances depending on the facts of each case.  Speak to our experienced Criminal Defence Lawyers to understand what constitutes consent under the law.  

Under Section 271 of the Criminal Code of Canada, it states that "Everyone who commits a sexual assault is guilty of  

• (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or  
• (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months."

If you have been charged with a sexual assault charge, contact our Criminal Lawyers for a free telephone case evaluation today.  We will fight to defend your charges and get you the results you deserve.

Other Sexual Assault Charges:

Sexual assault with a weapon, threats to a third party or causing bodily harm under Section  272 (1) Every person commits an offence who, in committing a sexual assault,  

• (a) carries, uses or threatens to use a weapon or an imitation of a weapon;  
• (b) threatens to cause bodily harm to a person other than the complainant;  
• (c) causes bodily harm to the complainant;  
• (c.1) chokes, suffocates or strangles the complainant; or  
• (d) is a party to the offence with any other person.

Punishment under subsection (2) states that "Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable  (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of  (i) in the case of a first offence, five years, and  (ii) in the case of a second or subsequent offence, seven years;  (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and  (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and  (b) in any other case, to imprisonment for a term not exceeding fourteen years."

Aggravated sexual assault under Section  273 (1) states that "Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant."  

Subsection  (2) states that "Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable  

• (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of  (i) in the case of a first offence, five years, and  (ii) in the case of a second or subsequent offence, seven years;  
• (a.1) in any other case 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  
• (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and  
• (b) in any other case, to imprisonment for life.