Sexual Assault Penalties in Canada

The short answer

Sexual assault under s. 271 is a hybrid offence, which means the Crown chooses whether to proceed by indictment, the more serious route, or by summary conviction. That choice, together with the complainant's age, decides which penalties are possible. The maximum is 10 years by indictment, and there is no minimum sentence unless the complainant was under 16. Several changes in 2026 also affect how these cases are sentenced, so the date of the alleged offence can matter.

How the Crown chooses

The Crown decides how to proceed based on the facts, the harm caused, any prior record and the strength of the case. The choice matters a great deal, because it affects the maximum sentence, whether house arrest is possible and how long a sex offender registry order lasts. Your lawyer can make submissions to the Crown about why a summary proceeding is appropriate. Before any sentence is considered, the Crown decides whether to continue with the case at all, as our guide on whether a sexual assault charge can be dropped explains.

Maximum and minimum sentences

Sexual assault (s. 271)

• By indictment: The maximum is 10 years. If the complainant was under 16, the maximum is 14 years, with a minimum of 1 year.
• By summary conviction: The maximum is 2 years less a day. If the complainant was under 16, there is a minimum of 6 months.

These are the legal limits, not typical sentences, and sentences vary widely with the facts.

For incidents on or after July 17, 2026, sexual assault of an intimate partner can be charged under s. 263.1, which raises the maximum by indictment to 14 years. Bill C-16, passed in June 2026, did not change the penalties in s. 271, but it does allow judges to go below a mandatory minimum in rare cases where the minimum would be grossly disproportionate. For older allegations, the Charter gives the accused the benefit of the lesser penalty if the law has changed since the alleged offence, as explained in our guide to historical sexual assault allegations.

House arrest (conditional sentences)

A conditional sentence is a jail term of less than 2 years served in the community, often with house arrest. Since July 15, 2026, a conditional sentence is not available for sexual assault when the Crown proceeds by indictment (s. 742.1(c.1)). It is also not available for any case with a minimum sentence, or for sections 272 and 273.

On summary conviction, a conditional sentence may still be possible if there is no minimum, the sentence is under 2 years and the judge is satisfied that it would not endanger the community. If the offence happened before July 15, 2026, the earlier rules may apply, because the Charter gives an accused the benefit of the lesser punishment when the law changes (s. 11(i)).

Discharges

A discharge is a finding of guilt with no conviction entered. It is not available where there is a minimum sentence, or where the maximum is 14 years or more (s. 730), so it is ruled out if the complainant was under 16 or if the charge is under s. 263.1. In other s. 271 cases, a discharge is legally possible but depends heavily on the facts.

Other consequences of a conviction

• Sex offender registry: An order can last 10 years, 20 years or life. See sex offender registry orders.
• Weapons prohibition: A prohibition is mandatory when the Crown proceeds by indictment (s. 109).
• DNA order: A DNA order is usually required.
• Probation: Probation often includes conditions such as no contact with the complainant.
• Immigration: A conviction can affect the status of anyone who is not a Canadian citizen, so get immigration advice before any plea.
• Criminal record: A conviction creates a record that can affect work, travel and volunteering.

What makes a sentence higher or lower

Factors that can increase a sentence under s. 718.2 include abuse of an intimate partner or family member, a complainant under 18, abuse of a position of trust or authority, and a significant impact on the complainant. Since July 15, 2026, a prior violent conviction within five years is also a listed aggravating factor.

Factors that can lower a sentence include having no prior record, pleading guilty, and taking genuine steps toward counselling or treatment.

Sexual assault with a weapon and aggravated sexual assault

• Section 272: This covers sexual assault with a weapon, threats to a third party, causing bodily harm or choking. The maximum is 14 years, or life if the complainant was under 16. Minimums of 4 to 7 years apply where a firearm was used, and a 5-year minimum applies if the complainant was under 16.
• Section 273: This covers aggravated sexual assault, which wounds, maims, disfigures or endangers life. The maximum is life, with the same firearm and under-16 minimums.

House arrest is not available for either offence.

How a sentencing hearing works

1. Pre-sentence report: The judge may order a report from a probation officer, which can take several weeks.
2. Victim impact statement: The complainant may describe how the offence affected them.
3. Submissions: The Crown and the defence each propose a sentence and explain why.
4. Decision: The judge imposes a sentence, sometimes on the same day and sometimes later.

Probation and conditions

Many sentences include probation. Probation can last up to 3 years. Common conditions include no contact with the complainant. Others include counselling, reporting to a probation officer and staying away from certain places. Breaking a probation condition is a separate offence. It can also lead to a new sentence.

How we can help

We can explain the realistic range for your charge, how the Crown's choice affects you, and how to prepare for sentencing if it comes to that. Call (647) 223-1980 for a free, confidential consultation.

Frequently asked questions