An allegation of sexual assault is among the most serious a person can face, and the rules of evidence in these cases are unlike those in any other trial. This page explains the charges, what consent means in law, and how the process works in Ontario. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a sexual assault allegation, from the first court date to trial.
What a sexual assault charge covers
Sexual assault is an assault, meaning the intentional application of force without consent, committed in circumstances of a sexual nature. The Supreme Court of Canada has described the test as whether the sexual integrity of the complainant was violated, looking at the part of the body touched, the nature of the contact, the situation, and any words or gestures (R v Chase, [1987] 2 SCR 293). The charge therefore covers a wide range of conduct, from unwanted touching over clothing to forced intercourse. There is no time limit for laying an indictable charge, so an allegation can relate to events from many years ago.
Main sexual offences and maximum penalties
- Sexual assault (s 271). Up to 10 years by indictment, or 14 years if the complainant is under 16. Up to two years less a day on summary conviction.
- Sexual assault with a weapon, threats to a third party, causing bodily harm, or choking (s 272). Indictable. Up to 14 years, or life if the complainant is under 16.
- Aggravated sexual assault (s 273). A sexual assault that wounds, maims, disfigures or endangers life. Indictable. Up to life.
- Sexual interference and invitation to sexual touching (ss 151, 152). Offences involving a person under 16. Up to 14 years by indictment.
- Sexual exploitation (s 153). Sexual contact with a young person by someone in a position of trust or authority, or in a relationship of dependency or exploitation. Up to 14 years by indictment.
The Criminal Code also sets minimum jail terms for several of these offences, mainly where the complainant is under 16 or a firearm is used. Courts have ruled on the constitutionality of some minimums, so the current position must be checked for each charge. Source: Criminal Code, RSC 1985, c C-46, ss 151 to 153 and 271 to 273, as they read on 11 October 2026 (Justice Laws version current to 21 September 2026).
What consent means in law
Consent is the voluntary agreement of the complainant to engage in the sexual activity in question, and it must be present at the time the activity takes place (s 273.1). The Code lists situations in which there is no consent in law:
- the agreement is given by someone other than the complainant;
- the complainant is unconscious, or is incapable of consenting for another reason;
- the accused induces the activity by abusing a position of trust, power or authority;
- the complainant expresses, by words or conduct, a lack of agreement;
- the complainant, having agreed, expresses by words or conduct a lack of agreement to continue.
An accused may say they honestly believed the complainant consented. Section 273.2 limits that defence. It is not available where the belief came from the accused’s own intoxication, recklessness or wilful blindness, where the accused did not take reasonable steps to find out whether the complainant was consenting, or where there is no evidence that agreement was affirmatively expressed by words or actively expressed by conduct. Silence or a lack of resistance is not consent.
Age of consent
The general age of consent to sexual activity in Canada is 16. Where the complainant is under 16, consent is not a defence, subject to close-in-age exceptions (s 150.1):
- a complainant aged 12 or 13 can consent to activity with a person less than two years older;
- a complainant aged 14 or 15 can consent to activity with a person less than five years older;
- neither exception applies if the older person is in a position of trust or authority, or the relationship is one of dependency or exploitation;
- a belief that the complainant was old enough is a defence only if the accused took all reasonable steps to find out the complainant’s age.
Evidence rules that apply only to these cases
Parliament has set special rules for sexual offence trials. Evidence that the complainant has engaged in other sexual activity, with the accused or anyone else, cannot be used to suggest that the complainant was more likely to have consented or is less worthy of belief. Any other use of such evidence needs a judge’s permission, obtained through a written application heard before the evidence is raised (s 276). The definition is wide and includes communications of a sexual nature, so text messages between the accused and the complainant can fall under the rule. Private records about the complainant, such as counselling, medical or school records, are produced to the defence only through a separate court application (s 278.2 and following). On the request of the complainant or the prosecutor, the court must also ban publication of anything that could identify the complainant (s 486.4). These steps add time and must be planned from the start of the case.
Consequences beyond the sentence
- Sex offender registration. On sentencing for a designated offence the court makes an order under the Sex Offender Information Registration Act. The order is mandatory in some cases, for example where the Crown proceeded by indictment, the sentence is two years or more and the victim is under 18. In other cases the court makes the order unless the person shows there is no connection to the purpose of the registry or that the effect on them would be grossly disproportionate (s 490.012). An order lasts 10 years, 20 years or life, depending on the offence (s 490.013).
- Other orders. A court may order a DNA sample, a weapons prohibition and limits on contact or activities.
- Immigration, work and travel. A conviction can affect immigration status, professional licences, employment involving vulnerable people and entry to other countries.
Paying for sexual services
Obtaining sexual services for payment, or communicating with anyone for that purpose, is an offence under section 286.1. The maximum is five years by indictment. On summary conviction the maximum is a $5,000 fine, two years less a day in jail, or both, and the Code sets minimum fines that start at $500 for a first summary offence and are higher near parks, schools and places where persons under 18 are likely to be present.
If the police want to speak with you
- Get advice firstYou do not have to answer questions, and you are entitled to consult a lawyer without delay. A lawyer can contact the officer for you and find out whether a charge is planned.
- Do not contact the complainantDo not call, message or ask friends to reach out, whether to explain, apologize or ask what was said.
- Keep everythingDo not delete messages, photographs, call logs or social media content. Deleting material can harm your defence and can lead to further allegations.
- Write down what you rememberMake private notes for your lawyer about dates, places and who was present. Mark them as prepared for your lawyer.
- Arrange the arrest and bailWhere a charge is certain, your lawyer can often arrange a time for you to attend the station and can prepare a release plan in advance.
How Law Wise helps
- Dealing with the police on your behalf before and after a charge.
- Preparing for the bail hearing. See bail hearings.
- Reviewing disclosure in detail, including statements, messages and forensic reports.
- Bringing the pre-trial applications these cases require, and advising on the mode of trial.
- Explaining registration, immigration and employment consequences before any decision is made.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about sexual assault charges
Should I give the police a statement to clear things up?
Get legal advice first. Anything you say can be used as evidence, and a statement given without knowing the allegation in detail rarely ends an investigation. A lawyer can speak with the officer and advise you on whether, when and how to respond.
The messages afterwards were friendly. Does that end the case?
No. Messages are evidence the court may consider, but they are not decisive, and messages of a sexual nature may need a judge’s permission before they can be used. Keep all of them and give them to your lawyer.
Is the trial held in private?
No. Court is open to the public. A publication ban protects the identity of the complainant. It does not prevent the case from being reported, and it does not automatically protect the name of the accused.
Is sex offender registration automatic?
It is mandatory in some situations and presumed in others. Where it is not mandatory, the court must make the order unless the person shows that one of two narrow exceptions applies. Your lawyer should explain where your charge falls before any plea.
Will I be held in custody until trial?
Not necessarily. Many people charged with sexual offences are released on conditions, often including no contact with the complainant. Some situations place the onus on the accused to justify release, for example where choking is alleged.
How long do these cases take?
Usually longer than other charges because of the pre-trial applications. The Supreme Court of Canada’s presumptive ceilings still apply: 18 months for cases tried in the Ontario Court of Justice and 30 months in the Superior Court of Justice (R v Jordan, 2016 SCC 27).
Facing a sexual offence allegation?
Speak with a lawyer before you speak with the police or anyone else. The conversation is confidential.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.