Sexual Assault, is any any physical application of force that is not consensual, and is done in circumstances of a sexual nature. Examples include anything from slapping someone on the buttocks at a bar, all the way to an outright rape. The crown in this case has to prove there was no consent given to the accused for that action.
Under s. 271 of the criminal code, anyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to;
- (a) Imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, 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 not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.