Sexual Assault With a Weapon

Section 272 (1)Section 272[/link] of the Criminal Code creates the offence of sexual assaultSexually touching another person without their consent with a weaponAnything intended to threaten someone or to cause death or injury, threats to a third party, or causing bodily harm. A charge under this section can arise in any of the following situations: you carried, used, or threatened to use a weapon or an imitation weapon during the assault; you threatened to cause bodily harm to someone other than the complainant (for example, a family member or bystander); you caused bodily harm to the complainant; you choked, suffocated, or strangled the complainant; or you committed the assault together with at least one other person.

Guns and knives are commonly associated with this type of offence, but any object used in a threatening or harmful way can qualify as a weapon. One example is an everyday object such as a screwdriver, a club, a chain, or a container of hot water. Section 2 of the Criminal Code defines a weapon as anything used, designed to be used, or intended for use to cause death or injury to a person, or to threaten or intimidate someone. For the purposes of s. 272, that definition also extends to anything used to bind or restrain a person against their will.

Sexual assault is defined as any touching of another person without their consentVoluntary agreement to engage in an sexual act where the touching is of a sexual nature, or where the sexual integrity of the alleged victim is violated. Victims and the accused can be of any gender, and the offence applies regardless of whether the parties are in a relationship or married to each other.

To obtain a conviction under s. 272, the Crown must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that a sexual assault took place and that at least one of the following circumstances applies: a weapon or an imitation weapon was carried, used, or threatened during the assault; someone other than the complainant was threatened with bodily harm; the complainant suffered bodily harm; the complainant was choked, suffocated, or strangled; or the assault was committed together with at least one other person.

If there are no witnesses or surveillance footage of the incident, the court will weigh the testimony of the complainant against that of the accused. Physical evidence such as DNA material may be available, though the presence of such evidence does not by itself establish whether the sexual contact was consensual.

Unlike lesser sexual assault charges that can proceed by summary convictionLess-serious criminal offences and result in less severe penalties, sexual assault with a weapon is always considered an indictable offenceA more serious type of Canadian criminal offence. and can result in lengthy prison sentences.

The maximum sentence for sexual assault with a weapon is 14 years in prison in most cases.

Mandatory minimum sentences apply in certain situations, depending on the circumstances:

If a restricted or prohibited firearm was used, or if any firearm was used in connection with a criminal organization, the minimum sentence is 5 years for a first offence and 7 years for a second or later offence. The maximum in these cases remains 14 years.

If any other firearm was used, the mandatory minimum sentence is 4 years, and the maximum remains 14 years.

If the complainant is under 16 years of age, the mandatory minimum sentence is 5 years, and the maximum increases to life in prison.

A conviction for sexual assault under s. 272 also carries mandatory registration in the National Sex Offender Registry, along with collection of a DNA sample for the National DNA Data Bank.

Although this page is titled Sexual Assault With a Weapon, s. 272 covers more than weapons. It can also include threats to someone other than the complainant, causing bodily harm, choking, suffocating or strangling, or committing the sexual assault together with another person.