Aggravated Sexual Assault
The charge of aggravated sexual assault is laid when a complainant suffers physical harm or fears for their safety during a sexual assault.
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Plain-Language Summary
Aggravated Sexual Assault, as stated in Section 273 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada, is a charge applied when a complainant either suffers physical harm or experiences fear for their life during a sexual assaultApplying force, threatening force, or causing someone to believe force will be used without consent.. This is more than the absence of consent; the prosecution must prove an intentional application of force resulting in significant bodily harm or imminent danger. Non-disclosure of HIV-positive status can also constitute aggravated sexual assaultSexually touching another person without their consent if it endangers a partner. This charge is always treated as an indictable offenceA criminal activity, carrying strict penalties potentially up to life imprisonment, especially if a firearmA barrelled weapon capable of firing a projectile that can cause serious injury or death. is used, the offence is connected to a criminal organization, or if the victim is under 16. Convictions usually come with additional orders such as staying away from areas with minors and providing biometric data to relevant databases.
What is Aggravated Sexual Assault?
Section 273(1) of the Criminal Code creates the offence of aggravated sexual assault. A person commits this offence when, in the course of committing a sexual assault, they wound, maim, disfigure, or endanger the life of the person they assaulted. Any one of those four things is enough to make the assault aggravated. This is the most serious of the three sexual assault offences in the Code, reflecting the severe physical harm caused to the person.
What is Needed to Convict
To convict you of aggravated sexual assault, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove that a sexual assault happened. The Crown must also prove that, while committing the sexual assault, you wounded, maimed, disfigured, or endangered the life of the complainant. It is not enough that the complainant feared for their life; the issue is whether their life was actually endangered, or whether one of the other serious harms in s.273 was proved.
In some HIV non-disclosure cases, courts consider whether there was a realistic possibility of transmission. The Supreme Court of Canada has held that, on the evidence in that case, a realistic possibility of HIV transmission was generally negated where the person had a low viral load and condom protection was used. This is a technical and fact-specific area of law.
In all aggravated sexual assault cases, the Crown must prove the sexual contact was intentional and that you knew the complainant did not consent, or were reckless or wilfully blind about consent. For the assault to be aggravated, the Crown must prove serious harm, including wounding, maiming, disfigurement, or danger to life. The Crown does not have to prove that you intended that level of harm.
Treated as an Indictable Offence
Aggravated sexual assault is always an indictable offenceA more serious type of Canadian criminal offence., meaning that the penalty upon conviction is more severe than with a summary convictionUsed for lesser offences.
Penalty for Aggravated Sexual Assault
A conviction for aggravated sexual assault triggers several consequences by law in addition to the prison sentence.
DNA databank: The judge is required by law to order a DNA sample to be taken and added to the National DNA Data Bank. This happens automatically on conviction, with no exception.
Sex offender registry: In most cases, the judge is also required to make an order under the Sex Offender Information Registration Act (SOIRA), placing the person on the national sex offender registry. Whether registration is mandatory in a particular case depends on how the matter was prosecuted, the specific sentence imposed, and the age of the person assaulted, but for a serious offenceAn indictable offence with a maximum punishment of five years or more. like aggravated sexual assault the order is required in the vast majority of cases.
Prohibition order (s. 161): Where the person who was assaulted was under 16 years of age, the judge must consider, and may make, a prohibition order restricting what the person convicted can do and where they can go. This can include bans on attending public parks, playgrounds, schools, swimming areas, and other places where children are likely to be present, as well as bans on contacting people under 16 and requirements to stay away from the victim's home. The order is not automatic, but the judge is required to turn their mind to it.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Restricted or prohibited firearm used, or any firearm used and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization — s. 273(2)(a)
IndictableMandatory minimum as written: 5 years for a first offence; 7 years for a second or subsequent offence.
Any other firearm used — s. 273(2)(a.1)
IndictableMandatory minimum as written: 4 years. Bill C-5 did not repeal this minimum.
Complainant under 16 — s. 273(2)(a.2)
IndictableMandatory minimum as written: 5 years. Some mandatory minimum sentences have been challenged under the Charter. This page summarizes the Criminal Code wording, but a lawyer can advise how the law may apply in a specific case.
Any other case — s. 273(2)(b)
IndictableNo mandatory minimum.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Consent rules and limits on belief in consent
For aggravated sexual assault, the Crown must prove the sexual assault and must also prove that the complainant was wounded, maimed, disfigured, or that their life was endangered. The same Criminal Code consent rules apply, and those rules also limit when a belief in consent can be raised.
Consent means the voluntary agreement of the complainant to engage in the sexual activity in question, and consent must be present at the time the sexual activity in question takes place. The Criminal Code also lists situations where no consent is obtained, and that list is not exhaustive.
Section 273.2 says it is not a defence that the accused believed the complainant consented in certain situations. These include where the belief came from self-induced intoxication, recklessness or wilful blindness, or where the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting. Whether any of this applies depends on the exact charge, the facts, and the evidence.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Crown prosecutor Glossary entry →
A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Serious offence Glossary entry →
- Serious offence is a defined term used in some Criminal Code contexts. It generally means an indictable offence for which the maximum punishment is imprisonment for five years or more.
- Summary conviction Glossary entry →
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 273 Main offenceLast reviewed by CCH: 2026-07-05View official source ↗
Government References
- Canadian Charter of Rights and Freedomshttps://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/
- Criminal Codehttps://laws-lois.justice.gc.ca/eng/acts/c-46/
- Department of Justicehttps://www.justice.gc.ca/eng/
- National DNA Data Bank (RCMP)https://www.rcmp-grc.gc.ca/en/forensics/national-dna-data-bank
- National Sex Offender Registryhttps://www.rcmp-grc.gc.ca/en/sex-offender-management
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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.