Being accused of sexual assault in Canada is life-altering. These charges carry serious legal and personal consequences, so it’s vital to understand what constitutes sexual assault, what defences may be available, and why strong legal representation is essential.

What Is Sexual Assault under Canadian Law?

Under Section 271 of the Criminal Code, sexual assault is broadly defined as any non-consensual sexual contact. In plain terms, any intentional touching of a sexual nature without the other person’s consent can be a sexual assault, from an unwanted groping or kiss to forced intercourse. 

This includes situations where the victim is incapable of consenting (for example, if they are underage, unconscious, or otherwise incapacitated). Even a brief unsolicited intimate touch (a “stolen kiss” or grab) can qualify if it violates someone’s sexual integrity.

It’s important to note that consent must be an active, voluntary agreement. Silence or inaction is not consent under Canadian law. 

A person cannot rely on a mere assumption of consent; they must have taken reasonable steps to ensure the other party agreed to the sexual activity. Sexual activity without consent is illegal regardless of the relationship between the parties (even between spouses).

Possible Defences to Sexual Assault

While every case is different, there are several common defences that can be raised against a sexual assault charge:

• Consent: The most basic defence is that the sexual activity was consensual. If evidence shows the complainant actually agreed at the time, then no assault occurred. (Note that a person under the age of consent cannot legally consent.)
• Honest but Mistaken Belief: An accused might claim they genuinely (but mistakenly) believed the other person was consenting. This defence only works if the belief was honestly held and the accused took reasonable steps to confirm consent. A mere assumption or unreasonable belief is not enough.
• Wrong Person or False Accusation: The defence may assert that the accused did not commit the act at all. This may involve an alibi (proving you were elsewhere when the incident occurred), a claim of mistaken identity, or evidence that the alleged incident never happened. If the evidence raises a reasonable doubt about whether an assault happened or who was responsible, you must be found not guilty.

Depending on the case, other defences or legal arguments might also be available. An experienced lawyer will assess which strategy fits the facts and start building a defence early.

Consequences of a Sexual Assault Conviction

The stakes in a sexual assault case are extremely high. 

A conviction will have serious repercussions, including:

• Imprisonment: Jail time is a real possibility for those convicted. Sentences range widely, but can be significant. The maximum penalty for sexual assault is 10 years imprisonment (even higher if the victim is under 16), and even first-time offenders often face incarceration.
• Criminal Record and Sex Offender Registration: A guilty finding means a permanent criminal record. In addition, most sexual assault convictions require the offender to register as a sex offender. Being on the registry – and having a serious criminal record – severely limits employment opportunities and travel.
• Reputational Harm: Beyond the formal penalties, the personal fallout is enormous. Even an accusation can destroy reputations and relationships. As observers note, merely being accused can ruin careers and families, and a conviction brings lasting public stigma along with the legal punishment.

The Importance of Legal Representation

Given the gravity of sexual assault charges, securing experienced legal representation is critical. A skilled criminal defence lawyer will protect your rights, challenge the prosecution’s evidence, and present the strongest possible defence (for example, by raising consent or other valid defences). They make sure you receive a fair trial at every step.

If you or a loved one is facing a sexual assault charge in British Columbia, contact Steele Law for a confidential consultation. Jerry Steele will guide you through this difficult time and fight for your rights, working tirelessly to achieve the best possible outcome for your case.