It is impossible to estimate the Canadian sentence for sexual assault. It can vary from one case to the next, depending on the severity and nature of the assault. Why not?
This is among the most complex and serious criminal charges. Each trial will bring in many variables and factors, which can lead to heated situations.
If the case is indictable however, the sentence ranges between 1 year and 14 years. Summary convictions can result in sentences ranging from 6 months to 18 years imprisonment. This can vary depending on the particular case.
Let’s get to the bottom of it.
What is the least sentence for sexual assault in Canada?
The severity of the case, as well as the manner in which the court prosecutes it, will determine the minimum sentence for sexual assault. It can either be indicted or convicted by summary.
Indictment will be used if the offense is more serious. If the offence is more severe, indictment will be filed. In other words, summary conviction may be considered.
The question you may be asking yourself is whether the sexual assault can be considered an indictment or summary conviction.
It depends on your age.
Complainant’s age is below 16 years
The criminal code has mandatory minimum sentences that must be served for all sexual assault offenses. The minimum sentence for an indictment is one year imprisonment; the maximum range is fourteen years.
If the case is referred to summary conviction, the minimum sentence will be 6 months imprisonment, with a maximum of 2 years in jail per day.
Complainant’s age is below 16 years
There is usually no minimum sentence if the complaint is older that 16 years. It varies from one case to the next depending on the nature of the case.
If the case is referred to indictment, the maximum sentence is 10 year, while it is only 18 months for summary conviction.
Are you still having difficulty understanding? Take a look at this table to see the minimum and maximum sentences according to the criminal code and offence sections.
