Sexual assault covers a wide range of conduct under Canadian law, and the Criminal Code divides it into three levels of increasing seriousness. This guide explains how sexual assault is defined under sections 271 to 273, how consent is defined in law, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case. Anyone affected by sexual violence, whether as a complainant or a person facing a charge, can find support resources on our victims and witnesses page.
The Three Levels of Sexual Assault
Section 271 covers sexual assault generally: a sexual assault as defined under the broader assault provisions in section 265, without a weapon, threats to a third party, bodily harm, or multiple parties involved. Section 272 covers sexual assault with a weapon, sexual assault where the person threatens to cause bodily harm to someone other than the complainant, sexual assault causing bodily harm to the complainant, sexual assault involving choking, suffocation, or strangulation, or a sexual assault committed by more than one person. Section 273, aggravated sexual assault, is reserved for the most serious cases, where the complainant is wounded, maimed, disfigured, or their life is endangered.
How Consent Is Defined in Law
Section 273.1 of the Criminal Code defines consent, for the purpose of these offences, as the voluntary agreement of the complainant to engage in the specific sexual activity in question. Consent must exist at the time the activity takes place and can be withdrawn at any point, even after activity has begun. The Criminal Code specifically states that no consent is obtained where the complainant is incapable of consenting, such as due to unconsciousness or intoxication to the point of incapacity, where consent is expressed by someone other than the complainant, where the complainant's agreement results from an abuse of a position of trust, power, or authority, or where the complainant expresses, by words or conduct, a lack of agreement to continue.
Section 273.2 separately limits when an accused can rely on an honest but mistaken belief that the complainant consented. This defence is not available where the accused's belief arose from self-induced intoxication, from recklessness or willful blindness, or where the accused did not take reasonable steps, in the circumstances known to them at the time, to ascertain that the complainant was consenting.
Classification and Penalties
Sexual Assault (Sections 271-273) at a Glance
- Classification – section 271
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – section 271, complainant 16 or older
- Up to 10 years on indictment; up to 18 months on summary conviction
- Maximum penalty – section 271, complainant under 16
- Up to 14 years on indictment; up to 2 years less a day on summary conviction
- Classification – section 272 (weapon, bodily harm, choking, party)
- Indictable offence only
- Maximum penalty – section 272
- Up to 14 years; up to life imprisonment if the complainant is under 16
- Classification – section 273 (aggravated sexual assault)
- Indictable offence only
- Maximum penalty – section 273
- Life imprisonment
These figures reflect the Criminal Code as of this page's last update. See the next section for important, recent changes affecting mandatory minimum sentences. A criminal lawyer can confirm the current state of the law for a specific case.
Mandatory Minimums and Recent Legislative Changes
Section 271 has long included a mandatory minimum sentence, of 1 year on indictment or 6 months on summary conviction, that applies where the complainant is under 16 years of age. Several provincial appellate courts, including the Ontario Court of Appeal in R. v. Basso (2024), found this mandatory minimum unconstitutional and unenforceable, meaning that for a period of time it was not being applied in practice. In June 2026, Parliament passed the Protecting Victims Act (Bill C-16), which restores this mandatory minimum, along with several other mandatory minimums for sexual offences against children that had been struck down by courts, and introduces a general "judicial safety valve": a judge may impose a sentence below the mandatory minimum only in the rare case where applying it would be grossly disproportionate for that specific offender. Most of these changes came into force in July 2026. Because this is a very recent and significant legislative change, a criminal lawyer can confirm exactly how it applies to a specific case.
Sexual assault law, particularly around mandatory minimums and their constitutionality, has changed significantly in recent years through both court decisions and new legislation. This is an area where up-to-date legal advice is especially important.
Related Sexual Offences
Several other Criminal Code offences address sexual conduct involving young people specifically, including sexual interference and invitation to sexual touching, which do not require proof of a lack of consent and instead focus on the complainant's age. Sexual offences committed online, including through social media or messaging platforms, are discussed on our internet-related sexual offences page, and offences involving child sexual abuse material are discussed on our child pornography offences page.
Possible Defences
Every sexual assault case turns on its own facts, and there is no single defence that applies broadly. Common issues that arise include whether the Crown can prove the alleged conduct occurred beyond a reasonable doubt, questions about consent given the specific legal framework described above, and, in some cases, questions of identification. Given the seriousness and legal complexity of these charges, and the significant personal consequences for everyone involved, a full review of the specific disclosure by an experienced criminal lawyer is essential before any conclusions are drawn about how a particular case might be defended.
What Happens After This Charge
A person charged with sexual assault, particularly under sections 272 or 273, is likely to face a contested bail hearing, and release conditions commonly include a strict no-contact order with the complainant. The case then proceeds through the standard court process, including disclosure and either a resolution or a trial. Complainants in sexual offence cases have access to specific protections during the court process, discussed on our victims and witnesses page. See our sentencing overview and criminal records overview for more.
Frequently Asked Questions
What is the difference between the three levels of sexual assault?
Section 271 is the general offence. Section 272 applies where a weapon, threat to a third party, bodily harm, choking, or multiple participants are involved. Section 273, aggravated sexual assault, applies where the complainant is wounded, maimed, disfigured, or their life is endangered.
Can consent be withdrawn after sexual activity has started?
Yes. Under section 273.1, consent must exist throughout the activity and can be withdrawn at any point, including after it has begun.
Is a mistaken belief in consent always a defence?
No. Section 273.2 limits this defence significantly, including where the belief arose from self-induced intoxication, recklessness, or willful blindness, or where the accused failed to take reasonable steps to confirm consent given what they knew at the time.
Is there a mandatory minimum sentence for sexual assault?
A mandatory minimum applies under section 271 specifically where the complainant is under 16. This minimum was found unconstitutional by several courts and was not being enforced for a period, but was restored, with a narrow judicial safety valve, by the Protecting Victims Act in 2026. A criminal lawyer can confirm the current, applicable rule for a specific case.
Where can I find support if I've been affected by sexual violence?
Our victims and witnesses page discusses general support options available in Ontario. Anyone in immediate crisis should contact emergency services or a local crisis line.