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If you have seen “CC 271,” “s. 271(a),” or “s. 271(b)” on a charge sheet, police release order, or court document, it refers to sexual assault under section 271 of the Criminal Code the charge that applies to non-consensual sexual contact where no weapon, bodily harm, or third party is involved (often called Level 1 sexual assault).
Section 271 is a hybrid offence. Prosecuted by indictment (s. 271(a)), it carries up to 10 years in prison, or up to 14 years with a mandatory minimum of 1 year if the complainant is under 16. Prosecuted summarily (s. 271(b)), it carries a term of up to 18 months, or up to two years less a day, with a mandatory minimum of 6 months if the complainant is under 16. A conviction also brings a criminal record, sex offender registration, and other court orders. If you are facing a CC 271 charge, contact a sexual assault lawyer as early as possible.
“Sexual assault charges under Section 271 carry serious legal consequences that affect many aspects of a person’s life beyond the courtroom. Understanding the legal definitions, potential penalties, and collateral effects is essential. At Vilkhov Law, we provide dedicated, expert representation to ensure our clients’ rights are fully protected throughout the legal process.”
Sexual assault is a hybrid offence, which means the Crown chooses how to prosecute it. That choice is reflected in the subsection on your documents:
| Code | What it means | Maximum penalty |
|---|---|---|
| s. 271(a) | The Crown is proceeding by indictment — the more serious route, used for more serious allegations | 10 years; 14 years with a 1-year minimum if the complainant is under 16 |
| s. 271(b) | The Crown is proceeding by summary conviction — a faster process with lower penalties | 18 months; 2 years less a day, with a 6-month minimum if the complainant is under 16 |
The Crown’s election affects far more than the maximum sentence — it influences the available sentencing options, the court that hears the case, and the right to a jury trial. An experienced lawyer can sometimes influence this election or use it strategically. Learn more about the legal process when facing sexual assault charges.
Sexual assault is not defined as a separate offence in the Criminal Code. It is built on the general definition of assault in s. 265: When an assault is committed in circumstances of a sexual nature, it becomes sexual assault. Section 271 then sets out the penalties. The definition is intentionally broad; it ranges from unwanted touching or kissing to coerced sexual acts and rape.
Under s. 265(1), a person commits an assault when they:
In R. v. Chase, [1987] 2 SCR 293, the Supreme Court of Canada held that the test is objective: would a reasonable observer, viewing the conduct in context, see its sexual nature? Courts consider the body part touched, the nature of the contact, accompanying words or gestures, and the surrounding circumstances, not just the accused’s stated intent.
Level 1 sexual assault under s. 271 involves non-consensual sexual contact without physical injury to the complainant. Examples include:
These acts are the most commonly prosecuted form of sexual assault and carry serious consequences even without physical harm.
Consent is the central issue in most s. 271 cases. Under s. 273.1(1) of the Criminal Code, consent is “the voluntary agreement of the complainant to engage in the sexual activity in question.” It must be active, ongoing, and informed silence; lack of resistance, or the absence of an explicit “no” does not constitute consent. In R. v. Ewanchuk, [1999] 1 SCR 330, the Supreme Court confirmed that “implied consent” does not exist in Canadian sexual assault law.
The Criminal Code lists circumstances where no consent is obtained in law, including where:
Under s. 273.2, an accused cannot rely on a belief in consent that arises from self-induced intoxication, recklessness, or wilful blindness, or where they failed to take reasonable steps to ascertain consent. In R. v. Barton, 2019 SCC 33, the Supreme Court emphasized that the belief must be in communicated consent — what the complainant actually said or did, not assumptions about what they would have wanted.
A person under 16 generally cannot consent to sexual activity. Section 150.1 creates narrow close-in-age exceptions: a 12- or 13-year-old may consent to a partner less than 2 years older, and a 14- or 15-year-old to a partner less than 5 years older in each case only where there is no relationship of trust, authority, dependency, or exploitation. We break down every age combination in our guide to the age of consent and dating a minor in Canada.
To secure a conviction, the Crown must prove each of the following elements beyond a reasonable doubt:
| Element | Description |
|---|---|
| 1. Identity | The accused was the person who committed the act. |
| 2. Intentional touching | The physical contact was intentional, not accidental. |
| 3. Sexual nature | The assault occurred in circumstances of a sexual nature, judged objectively. |
| 4. Absence of consent | The complainant did not voluntarily agree to the sexual activity in question. |
| 5. Knowledge of non-consent | The accused knew of, was reckless to, or was wilfully blind to the absence of consent. |
The burden of proof never shifts to the accused. The defence does not have to prove that consent existed; it only has to raise a reasonable doubt on any one of these elements.
Section 271 sets the following penalties for Level 1 sexual assault:
| Crown election | Complainant’s age | Penalty |
|---|---|---|
| Indictment (s. 271(a)) | 16 or older | Up to 10 years’ imprisonment; no mandatory minimum |
| Indictment (s. 271(a)) | Under 16 | Up to 14 years; mandatory minimum of 1 year |
| Summary (s. 271(b)) | 16 or older | Up to 18 months’ imprisonment; no mandatory minimum |
| Summary (s. 271(b)) | Under 16 | Up to 2 years less a day; mandatory minimum of 6 months |
Where the complainant is 16 or older, the absence of a mandatory minimum gives the court a wide range of sentencing options depending on the facts. For a detailed breakdown of how minimums apply across ss. 271, 272, and 273 — including weapon and aggravated cases — see our guide to the minimum sentence for sexual assault in Canada.
Beyond the sentence itself, a s. 271 conviction typically triggers additional court orders designed to monitor offenders and protect the public.
A conviction under s. 271 can lead to registration on Canada’s National Sex Offender Registry under the Sex Offender Information Registration Act (SOIRA), and for Ontario residents, the Ontario Sex Offender Registry under Christopher’s Law. Registrants must provide and keep current their addresses, employment details, vehicle information, and travel documents, and must report annually and before extended absences.
Importantly, registration is no longer automatic in most cases. After the Supreme Court struck down automatic registration in R. v. Ndhlovu, 2022 SCC 38, Parliament passed Bill S-12, which has been in force since October 2023. Registration is now mandatory only for serious child sexual offences and repeat offenders; in all other cases, there is a presumption of registration that the offender can rebut. Existing registrants also have expanded avenues to apply for termination. See our guide on how to get removed from the sex offender registry in Ontario.
Where the complainant is under 16, the court may impose orders under s. 161 of the Criminal Code prohibits the offender from attending parks, schools, and other places where minors are present; from working or volunteering in positions of trust over minors; and from using the internet except under set conditions.
A conviction results in a permanent criminal record unless a record suspension is granted, and for sexual offences, record suspensions face stricter criteria and longer waiting periods. Travel is also affected: countries such as the United States routinely run criminal background checks at the border and may deny entry to individuals with sexual offence convictions.
Most Canadian employers conduct criminal background checks, particularly for positions involving vulnerable people or security clearances. A sexual assault conviction can permanently disqualify a person from such roles, lead to professional licensing consequences, and cause lasting reputational damage.
The most common defence is that the complainant voluntarily consented to the sexual activity in question. The defence does not bear the burden of proving consent it is enough to raise a reasonable doubt about whether the Crown has proven the absence of consent. Strong consent defences are built on the full evidentiary record: messages, witness evidence, and the surrounding circumstances. In some cases, this evidence can persuade the Crown to withdraw. See how to get sexual assault charges dropped in Ontario.
The accused may argue they honestly but mistakenly believed the complainant communicated consent. This defence is only available where the accused took reasonable steps, in the circumstances known to them at the time, to ascertain that the complainant was consenting (s. 273.2; R. v. Barton).
The defence may also challenge whether the Crown has proven the accused was the perpetrator, or test the reliability and consistency of the complainant’s account through cross-examination, alibi evidence, and inconsistencies in prior statements.
The penalties under section 271 of the Criminal Code range from several months to 14 years in prison, depending on the Crown’s election and the complainant’s age, and the collateral consequences can last far longer than the sentence. A robust defence strategy from the outset of the case is essential.
If you are facing sexual assault charges in Toronto or the Greater Toronto Area, contact the sexual assault lawyers at Vilkhov Law as soon as possible for a free, confidential consultation.
It refers to sexual assault under section 271 of the Criminal Code. The subsection matters: 271(a) means the Crown is proceeding by indictment (up to 10 or 14 years), while 271(b) means summary conviction (up to 18 months or 2 years less a day).
Yes. A conviction under s. 271 can result in a jail sentence even for first-time offenders, and a mandatory minimum applies where the complainant is under 16. The sentence depends on the severity of the conduct, the circumstances, and judicial discretion.
Sexual assault is a hybrid offence. Summary prosecution (s. 271(b)) is a faster process with lower maximums; indictment (s. 271(a)) carries higher maximum penalties, and is for the most serious allegations. The Crown decides which route to take.
Often, but no longer automatically. Since Bill S-12 (October 2023), registration is mandatory only for serious child sexual offences and repeat offenders; otherwise, there is a presumption that the court can decline to apply. Existing registrants can also apply for termination in defined circumstances.
A sexual assault conviction can significantly restrict international travel. Many countries, including the United States, screen for criminal records at the border and may deny entry for sexual offences.
Record suspensions for sexual offences are possible but face stricter criteria and longer waiting periods than other offences. A record suspension also ends reporting obligations under Ontario’s Christopher’s Law.
