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Sexual Assaults

271 Everyone who commits a sexual assault is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and 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 of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Sexual assault level 1 (s. 271):

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An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.

Sexual assault level 2 (s. 272):

Sexual assault with a weapon, threats, or causing bodily harm.

Aggravated sexual assault (level 3):

Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim.

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Every person commits an offence who, in committing a sexual assault

  • Carries, uses or threatens to use a weapon or an imitation of a weapon

  • Threatens to cause bodily harm to a person other than the complainant

  • Causes bodily harm to the complainant, or

  • Is a party to the offence with any other person
     

Punishment

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Every person who commits an offence under subsection (1) is

  • Guilty of an indictable offence and liable

  • Where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years and

  • in any other case, to imprisonment for a term not exceeding fourteen years

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Section 273 Criminal Code 

Every one commits an aggravated sexual assault who

  • In committing a sexual assault

  • Wounds, maims, disfigures or endangers the life of the complainant
     

Punishment

Every person who

  • Commits an aggravated sexual assault

  • Is guilty of an indictable offence and liable

  • Where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years and

  • In any other case, to imprisonment for life 

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