What Are The Potential Penalties For Sexual Assault?

Sexual assault under section 271 of the Criminal Code is a hybrid offence, meaning the Crown can proceed by summary conviction or indictment. The severity of the penalty varies depending on which way they choose to proceed.

  • If the Crown proceeds by summary conviction: a maximum punishment of 18 months imprisonment. However, if the complainant is under the age of 16, there is a minimum sentence of six months imprisonment, up to a maximum of two years less a day imprisonment.
  • If the Crown proceeds by indictment: a term of imprisonment not exceeding 10 years. However, if the complainant is under the age of 16, there is a minimum of 1 year imprisonment up to a maximum of 14 years imprisonment.


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