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(647) 491-5237 Defending Clients Charged With the Most Serious Sexual Offence in Canadian Law
Aggravated sexual assault is the most serious sexual offence under the Criminal Code of Canada. A conviction carries a maximum sentence of life imprisonment, mandatory minimum penalties in certain circumstances, automatic DNA collection, registration on the National Sex Offender Registry, and consequences that follow you for the rest of your life, affecting your employment, immigration status, family, and ability to travel.
Vilkhov Law defends clients facing aggravated sexual assault charges across Toronto and Ontario. We act quickly to secure bail on workable conditions, scrutinize every piece of disclosure, and build a defence that challenges both the underlying sexual assault and the aggravating elements the Crown must prove beyond a reasonable doubt. If you have been charged or are under investigation, contact us immediately. The consultation is free, confidential, and available 24 hours a day.
Igor Vilkhov is the founder and principal lawyer of Vilkhov Law. He graduated from the University of Windsor Faculty of Law, where he specialized in criminal law, and has built his practice into an established criminal defence firm in Toronto. Igor defends clients on the full range of sexual offence charges from sexual assault under section 271 through aggravated sexual assault under section 273, and on serious violent crimes including assault, manslaughter, weapons offences, and homicide files. He appears at every level of court in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal for Ontario.
Igor is a member of the Law Society of Ontario, the Criminal Lawyers' Association, and the Toronto Lawyers Association. He personally handles each file at the firm and appears at every scheduled court hearing.
Benson Wilson is an associate lawyer at Vilkhov Law, focusing exclusively on criminal defence. Ben earned his J.D. from the University of Ottawa Faculty of Law after completing his undergraduate studies in Global and International Studies at Carleton University. Before joining Vilkhov Law, Ben gained legal experience at a leading immigration law firm, where he developed a strong commitment to advocacy and protecting clients' rights. He now applies that experience to criminal defence, guided by his belief in the presumption of innocence and the right to a fair trial.
Aggravated sexual assault is defined in section 273 of the Criminal Code of Canada. It is a sexual assault committed in circumstances where the accused wounds, maims, disfigures, or endangers the life of the complainant.
To establish aggravated sexual assault, the Crown must prove all of the following beyond a reasonable doubt:
Unlike sexual assault under section 271, which is a hybrid offence, aggravated sexual assault is a straight indictable offence. The Crown cannot proceed summarily. Because aggravated sexual assault is a straight indictable offence, the accused has full election rights and may choose trial in the Ontario Court of Justice before a judge alone, in the Superior Court of Justice before a judge alone, or in the Superior Court before a judge and jury. The offence carries the most serious penalties available in Canadian sexual offence law.
The four aggravating circumstances under section 273 have specific legal meanings:
Courts have found the aggravated element established in cases involving deep lacerations, broken bones, stabbing, strangulation, sustained beating, permanent disfigurement, and conduct that placed the complainant's life at serious risk.
The Supreme Court of Canada has held that an HIV-positive person who does not disclose their status to a sexual partner can be convicted of aggravated sexual assault where there was a realistic possibility of HIV transmission. The legal framework established in R. v. Mabior (2012) continues to govern many HIV non-disclosure cases, although this area of law remains subject to ongoing legal and policy developments. Outside those circumstances, non-disclosure can support an aggravated sexual assault charge on the theory that the complainant's consent was vitiated by fraud and that their life was endangered. The Crown must establish that the alleged non-disclosure amounted to fraud capable of vitiating consent under Canadian criminal law. These cases are highly technical and require expert medical evidence on viral load, transmission risk, and the specific circumstances of the alleged contact.
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Understanding how aggravated sexual assault differs from the other levels of sexual offence is essential to understanding what you are facing.
| Offence | Criminal Code | Key Element | Maximum Sentence |
| Sexual Assault | s. 271 | Non-consensual sexual touching | 10 years on indictment (14 years if the complainant is under 16) |
| Sexual Assault with a Weapon, Threats, or Causing Bodily Harm | s. 272 | A weapon was used, threats were made, bodily harm caused, or choking/strangulation occurred | 14 years (life if complainant under 16) |
| Aggravated Sexual Assault | s. 273 | The complainant was wounded, maimed, disfigured, or had their life endangered | Life imprisonment |
The Crown's choice of section reflects the evidence available and the seriousness of the alleged conduct. Where the facts could support a charge under either section 272 or section 273, the defence may be able to negotiate with the Crown to proceed on the lesser charge, depending on the strength of the evidence on the aggravating element.
| Circumstances | Minimum Sentence | Maximum Sentence |
| Aggravated sexual assault, no firearm, complainant 16 or older | None | Life imprisonment |
| First offence: a restricted or prohibited firearm was used, or a firearm was used in connection with a criminal organization | 5 years | Life imprisonment |
| Second or subsequent offence, restricted or prohibited firearm | 7 years | Life imprisonment |
| Any firearm used by the complainant under 16 | 5 years | Life imprisonment |
| Complainant under 16 (no firearm) | 5 years | Life imprisonment |
A conviction triggers several mandatory consequences in addition to imprisonment:
Serious criminal consequences under section 36(1) of the Immigration and Refugee Protection Act
You have the right to silence under section 7 of the Charter of Rights and Freedoms and the right to retain counsel without delay under section 10(b). Exercise both. Do not provide a statement to the police. Do not try to explain your side. Do not contact the complainant. Do not contact anyone who may be a witness. Anything you say to the police can be used against you at trial. Silence cannot.
In many aggravated sexual assault cases, the accused is held for a bail hearing shortly after arrest. Depending on the circumstances, a reverse onus may apply, meaning the accused must demonstrate why release is justified.
The Crown frequently seeks strict release conditions, including no-contact orders, communication restrictions, and sureties. Early legal representation can be critical to securing a workable release plan.
Once charges are laid, you are entitled to disclosure of the evidence the Crown intends to rely on. In aggravated sexual assault cases, this may include police notes, witness statements, medical records, forensic and DNA evidence, expert reports, and digital evidence.
We carefully review the disclosure for inconsistencies, investigative deficiencies, Charter issues, and other weaknesses that may support the defence.
Because aggravated sexual assault carries a maximum sentence of life imprisonment, the accused has the right to elect trial in the Ontario Court of Justice before a judge alone, in the Superior Court of Justice before a judge alone, or in the Superior Court before a judge and jury.
Unlike many criminal offences, aggravated sexual assault remains eligible for a preliminary inquiry. This procedure allows the defence to test the Crown's evidence before trial and may provide strategic advantages in preparing the case.
Following the Supreme Court of Canada's decision in R. v. Ndhlovu and the enactment of Bill S-12, SOIRA registration is no longer automatic in every case.
For aggravated sexual assault, registration is mandatory where:
In other cases, there is a presumption that a SOIRA order will be made, although the court retains limited discretion not to impose registration in appropriate circumstances.
Where imposed, a SOIRA order is typically for life and requires ongoing reporting obligations. Failure to comply with those obligations is a separate criminal offence.
A conviction for aggravated sexual assault triggers a mandatory DNA collection order under section 487.051 of the Criminal Code. The sample is added to the National DNA Data Bank and may be compared against DNA profiles associated with designated criminal investigations in accordance with Canadian law.
Where the complainant was under 16, the court may impose a prohibition order under section 161 of the Criminal Code. Such orders can restrict access to places where children are commonly present, limit certain employment or volunteer activities, and impose restrictions on internet use. These conditions may remain in effect long after the sentence has been completed.
For non-citizens, an aggravated sexual assault conviction can have severe immigration consequences. Because the offence carries a maximum sentence of life imprisonment, it falls within the serious criminality provisions of the Immigration and Refugee Protection Act. Depending on the circumstances, permanent residents may face removal proceedings, while temporary residents and citizenship applicants may become inadmissible.
Every aggravated sexual assault case turns on its specific facts. The defences below are commonly available in Ontario and are the starting point for our work on every file.
To secure a conviction under section 273, the Crown must prove both the underlying sexual assault and the aggravating element of wounding, maiming, disfigurement, or endangerment of life. Even where the Crown establishes the underlying sexual activity, it may fail to prove that the alleged injuries meet the legal threshold required for aggravated sexual assault. Medical and expert evidence often play an important role in determining the nature, cause, and severity of the alleged injuries. Where the aggravating element cannot be proven beyond a reasonable doubt, the charge may be reduced to sexual assault under section 271 or sexual assault with a weapon or causing bodily harm under section 272.
Where the case turns on whether the sexual activity was consensual, the same principles that apply in other sexual assault cases remain relevant. Consent is defined in section 273.1 of the Criminal Code as the voluntary agreement of the complainant to engage in the sexual activity in question. The Supreme Court of Canada confirmed in R. v. Ewanchuk that silence, passivity, or a failure to resist does not constitute consent.
The defence of honest but mistaken belief in communicated consent under section 273.2 is limited and requires evidence that the accused took reasonable steps to ascertain consent. It is not available where the accused was reckless, wilfully blind, or self-indulgent, intoxicated.
The Crown's case often depends heavily on the complainant's evidence. Inconsistencies between statements, memory issues, and reliability concerns may become important issues at trial. Credibility and reliability are separate legal concepts and can be challenged independently through cross-examination and other evidence.
In cases where the complainant did not know the accused, or where the identification is based on limited observation, identity is a live issue. DNA evidence, alibi, surveillance footage, and expert evidence on the reliability of eyewitness memory can all be relevant.
Where the police breached the accused's rights under the Charter during the investigation, unlawful search, failure to advise of the right to counsel, improper interrogation, evidence obtained as a result may be excluded under section 24(2). In aggravated sexual assault cases, the exclusion of a statement by the accused or critical forensic evidence can lead to a stay or withdrawal of the charge.
The framework set out in R. v. Jordan (2016) imposes a presumptive ceiling of 30 months in the Superior Court of Justice from the date of charge to the actual or anticipated end of trial. Aggravated sexual assault cases, with their complexity, expert evidence, and frequent need for preliminary inquiries, often push against these ceilings. A successful Jordan application results in a stay of proceedings. We track Jordan delay from the date charges are laid through to the actual or anticipated end of trial
Aggravated sexual assault allegations often involve complex medical evidence, forensic reports, DNA analysis, digital communications, and competing accounts of what occurred. Our defence begins with a detailed review of disclosure to identify weaknesses in the Crown's case. We assess whether the alleged injuries meet the legal threshold required under section 273, review medical records and expert opinions, examine issues of consent and identification, and investigate potential Charter violations. Where appropriate, we retain independent experts, challenge unreliable evidence, and seek to exclude improperly obtained evidence. Our objective is always to pursue the strongest available outcome, whether that involves withdrawal of charges, a reduction to a lesser offence, or an acquittal at trial.
Vilkhov Law represents clients on aggravated sexual assault charges across the GTA and throughout Ontario. We appear at courthouses, including the Superior Court of Justice at 361 University Avenue, Old City Hall, the new Toronto courthouse at 10 Armoury Street, College Park, and at GTA-area courts in:
Sexual assault under section 271 of the Criminal Code is non-consensual sexual touching of any kind. Aggravated sexual assault under section 273 is sexual assault committed in circumstances where the accused wounds, maims, disfigures, or endangers the life of the complainant. The Crown must prove the aggravating element in addition to the underlying sexual assault. Aggravated sexual assault carries a maximum sentence of life imprisonment, while sexual assault under section 271 carries a maximum of 10 years on indictment, or 14 years where the complainant is under 16.
Life imprisonment. Aggravated sexual assault is a straight indictable offence under section 273 of the Criminal Code and carries a maximum sentence of life imprisonment, making it one of the most serious sexual offences under Canadian law. Mandatory minimum sentences apply in cases involving firearms or where the complainant was under 16.
Yes, in certain circumstances. There is no mandatory minimum where no firearm was involved, and the complainant was 16 or older. Where a restricted or prohibited firearm was used, the minimum is 5 years for a first offence and 7 years for a second or subsequent offence. Where the complainant was under 16, the minimum is 5 years.
Yes. Under the Supreme Court of Canada's framework in R. v. Mabior (2012), an HIV-positive person who does not disclose their status to a sexual partner can be convicted of aggravated sexual assault where there was a realistic possibility of HIV transmission. There is generally no duty to disclose where the accused has a low viral load and a condom is used. Outside those circumstances, non-disclosure can support an aggravated sexual assault charge. These cases require expert medical evidence and a carefully prepared defence strategy.
You will be held for a bail hearing, typically within 24 hours of arrest. In several scenarios — including where a firearm was used, where you were already on release for another indictable offence, or where the offence involves intimate partner violence and you have a prior conviction for the same a reverse onus applies, meaning you must show why your release is justified. Even where the reverse onus does not apply, the Crown will likely seek strict conditions. An experienced bail counsel can develop a bail plan with appropriate sureties and propose conditions that allow you to maintain your employment, housing, and family relationships while the case proceeds.
Yes. Bill C-75, in force September 19, 2019, restricted preliminary inquiries to offences carrying a maximum penalty of 14 years or more. Aggravated sexual assault carries a maximum of life imprisonment, so a preliminary inquiry remains available. The preliminary inquiry allows the defence to test the Crown's evidence before trial and, in some cases, can result in the accused being discharged where the evidence is insufficient to commit to trial.
In most cases, yes. Following Bill S-12 (in force October 26, 2023), SOIRA registration is mandatory where the complainant was under 18, and the sentence is two years or more, or where the offender has a prior designated sexual offence conviction. In other cases, there is a presumption of registration that can be displaced only where the offender establishes that the order would be grossly disproportionate or have no connection to SOIRA's purpose. Where SOIRA is ordered for aggravated sexual assault, the duration is normally life.
In appropriate cases, yes. The Crown may agree to proceed on a lesser included offence, typically sexual assault under section 271 or sexual assault with a weapon or causing bodily harm under section 272 — where the evidence does not support the aggravated element, where Charter violations weaken the case, or where pre-trial advocacy convinces the Crown that the case is not provable at the section 273 threshold. Every file is different, and the path most likely to lead to a withdrawal, acquittal, or reduction depends on the specific facts.