Sexual assault is treated very seriously, and that seriousness of sexual exploitation is reflected in the possible sentences for a sexual assault conviction.
If the Crown chooses to proceed summarily:
- If you are convicted of sexually assaulting someone over the age of 16, you can face a maximum sentence of 18 months.
- If you are convicted of sexually assaulting someone under the age of 16 , you can face a maximum sentence of 2 years less a day.
If the Crown chooses to proceed by indictment
- If you are convicted of sexually assaulting someone over the age of 16, you can face a maximum sentence of 10 years.
- If you are convicted of sexually assaulting someone under the age of 16 , you can face a maximum sentence of 14 years and a minimum of 1 year.
There are also certain orders that accompany a sexual assault conviction, such as a DNA order, a section 161 order (if the complainant is under 16) and a SOIRA order (which involves the Sex Offender Registry). These orders can have a far-reaching effect on your life long after you are sentenced. Depending on the seriousness of the assault, alternative, more lenient sentences and resolution mechanisms are available. A legal representative is in the best position to explain the possible consequences to you and to work tirelessly to obtain the best outcome in the circumstances.