Canadian Criminal Sentencing/Offences/Sexual Assault

Application

 * For general principles on sentence for sexual offences, see Sexual Offences

Principles
In Saskatchewan, major sexual assaults usually begin at 3 years incarceration.

Sexual assault involving full intercourse of a minor by an adult in a position of trust is usually in the range of 3 to 7 years. In Alberta, the starting point for a major sexual assault upon a minor by a person in a position of trust is 4 years.

In Manitoba, major sexual assaults committed upon teenagers by person in a position of trust will start at 4 to 5 years.

In Ontario, cases of sexual assault involving forced intercourse with a spouse or former spouse, sentences generally range from 21 months to four years

A sexual assault is inherently violent, having an impact on the emotional and phychological well-being of the victims.

It is only in the exceptional or rare cases that a sexual assault on children involving a breach of trust should warrant a conditional sentence.

Factors
Aggravating Factors Factors that courts can be aggravating include:
 * predatory sexual behaviour
 * forcible confinement
 * age of the victim and knowledge of true age
 * degree of vulnerability of victim (inarticulate, easily manipulated, disabled)
 * relationship of trust or offender was in position of authority
 * degree of invasion of sexual integrity
 * degree of violence or force used
 * repeated acts of violence
 * whether a weapon was involved
 * manner of interference (attempted acts, kissing, touching outside of clothes, touching inside of clothes, digital penetration, oral sex, full intercourse)
 * whether there was penetration (digital or penile) / if so, whether there was risk of STDs
 * impact on the victim, family and offender
 * public abhorrence to the offence
 * attitude of the offender
 * biological or psychological factors
 * likelihood of rehabilitation
 * likelihood of reoffence

Mitigating Factors
 * Age of offender
 * guilty plea (early or late, saved resources)
 * prior record (related or unrelated)

Voluntariness of a child victim cannot be used as a mitigating factor. Rather, the existence of consent can be used as an absence of a aggravating factor.

Ancillary Orders

 * Section 109 weapons prohibition (Mandatory)
 * DNA sampling (s. 487.051)
 * Section 161 Order (if involving person under age 16)
 * Section 743.21 no contact order while in custody

Recommended Probationary Terms

 * No contact with victim
 * No contact with persons under age of 16 (if facts involve victim under the age of 16)
 * Treatment/Counselling
 * No alcohol or drugs (if facts involve them)