{"id":51084,"date":"2023-03-20T18:10:50","date_gmt":"2023-03-20T18:10:50","guid":{"rendered":"https:\/\/www.oykhmancriminaldefence.com\/faq\/?p=51084"},"modified":"2025-09-30T09:55:21","modified_gmt":"2025-09-30T09:55:21","slug":"aggravated-sexual-assault-charges-canada","status":"publish","type":"post","link":"https:\/\/www.strategiccriminaldefence.com\/faq\/aggravated-sexual-assault-charges-canada\/","title":{"rendered":"Aggravated Sexual Assault (s. 273) Laws in Canada"},"content":{"rendered":"

What is an aggravated sexual assault charge?<\/h3>\n

Sexual assault is covered under s.273 of the Criminal Code. <\/em><\/p>\n

Canada has a broad definition of sexual assault as sexual assaults can encompass a variety of sexually related charges such as those that involve the use of violence or a weapon. Generally speaking, sexual assault includes all unwanted sexual activity.<\/p>\n

There are three levels of sexual assault: general sexual assault, s.271 of the Criminal Code,\u00a0Sexual Assault (s. 271)<\/a>, Sexual assault with a weapon, threats to a third party or causing bodily harm, s.272 of the Criminal Code,\u00a0Sexual Assault with a Weapon (s. 272)<\/a>, and aggravated sexual assault, s.273 of the Criminal Code<\/p>\n

Aggravated sexual assaults are straight indictable offences in which the Crown cannot elect to proceed otherwise.<\/p>\n

Examples<\/h3>\n
    \n
  • Having sexual intercourse with a partner and failing to disclose HIV-positive status<\/li>\n
  • Sexual assault that causes extensive long-term physical injuries<\/li>\n
  • Any sexual assault that wounds the complaint ex: breaking of the skin<\/li>\n
  • Any sexual assault that maims the complainant<\/li>\n
  • Any sexual assault that disfigures the complainant<\/li>\n<\/ul>\n

    Defences<\/h3>\n

    A strong defence depends entirely on the specific facts of your case and the evidence against you.<\/p>\n

    However, some common defences to sexual assault include<\/strong><\/p>\n

      \n
    • Honest but Mistaken Belief in Consent;<\/li>\n
    • Mistake in Identity;<\/li>\n
    • Maintaining that there was no sexual contact;<\/li>\n
    • That there was consent; and\/or<\/li>\n
    • Any applicable Charter <\/em><\/li>\n<\/ul>\n

      Punishments<\/h3>\n

      If you have been convicted of aggravated sexual assault you may be subject to the following penalties.<\/strong><\/p>\n

      If a restricted firearm is used or there is an association with a criminal organization:<\/p>\n

        \n
      • Max<\/strong> = life imprisonment<\/li>\n
      • First offence<\/strong> = minimum five years in jail<\/li>\n
      • Second or subsequent offence<\/strong> = minimum seven years in jail<\/li>\n
      • Any other case<\/strong> = life imprisonment<\/li>\n<\/ul>\n<\/div>

        Overview of the Offence\u00a0<\/strong><\/h2>\n

        Aggravated sexual assault is found under s.273 of the Criminal Code<\/em>:<\/strong><\/p>\n<\/div>

        273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.<\/p>\n

        The term \u2018sexual assault\u2019 is not defined in the Criminal Code. <\/em>As such, for the purposes of sexual assault, assault is defined in s. 265(1)(a) of the Criminal Code<\/em> which states that:<\/p>\n

        A person commits an assault when<\/p>\n

        a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;<\/p>\n<\/div><\/div>