In Ontario, sexual assault is a criminal offence defined under the Criminal Code of Canada, which applies across all provinces.
Sexual assault occurs when a person intentionally applies force to another person without consent, in circumstances where the contact is of a sexual nature. What makes an assault “sexual” is determined by the broader context: the physical contact, the situation in which it occurs, and the accused’s conduct and intent. Courts assess whether a reasonable observer would perceive the touching as sexual, considering factors such as the body part touched, the nature of the contact, and any accompanying words or behaviours.
Consent is central to the definition. Consent must be voluntary, ongoing, informed, and freely given. It cannot be obtained through fear, force, threats, manipulation, abuse of authority, or intoxication. A person cannot consent if they are incapable of doing so, such as when unconscious, heavily impaired, or otherwise unable to understand the nature of the act. Consent must be communicated through words or actions; silence or lack of resistance does not imply agreement. Importantly, a mistaken belief in consent is not a defence if that belief arises from self-induced intoxication, recklessness, or the failure to take reasonable steps to ensure the other person consented. Even prior consent is not accepted as consent, no matter how recently that consent was given.
Sexual assault charges vary in severity. The three main categories are sexual assault, sexual assault with a weapon or causing bodily harm, and aggravated sexual assault, the last involving wounding, maiming, disfigurement, or endangerment of life. Penalties range from probation or shorter jail terms to lengthy imprisonment, depending on the circumstances and the presence of aggravating factors such as age, position of trust, or use of violence.
To secure a conviction, the Crown must prove intent, lack of consent, and the sexual nature of the contact beyond a reasonable doubt. Defences may include mistaken identity, consent (where legally valid), or lack of intent.
Adana has extensive experience resolving Sexual Assault charges, and has spoken to both Adult charges and YO Charges (charges placed against a minor).