271.(1) Every one who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a
term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to
imprisonment for a term not exceeding eighteen months.
(2) [Repealed, R.S., 1985,
c. 19 (3rd Supp.), s. 10]
R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd
Supp.), s. 10; 1994, c. 44, s. 19.
Sexual assault
with a weapon, threats to a third party or causing bodily harm
272.(1) Every person commits an offence who, in committing a sexual assault,
(a) carries, uses or threatens to use a weapon or an imitation of
a weapon;
(b) threatens to cause bodily harm to a person other than the
complainant;
(c) causes bodily harm to the complainant; or
(d) is a party to the offence with any other person.
Punishment
(2) Every person who commits an offence under subsection (1) is guilty
of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the
commission of the offence or if any firearm is used in the commission of the
offence and the offence is committed for the benefit of, at the direction of,
or in association with, a criminal organization, to imprisonment for a term not
exceeding 14 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission
of the offence, to imprisonment for a term not exceeding 14 years and to a
minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for a term not exceeding
fourteen years.
Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether
a convicted person has committed a second or subsequent offence, if the person
was earlier convicted of any of the following offences, that offence is to be
considered as an earlier offence:
(a) an offence under this section;
(b) an offence under subsection 85(1) or (2) or section 244; or
(c) an offence under section 220, 236, 239 or 273, subsection
279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of
the offence.
However, an earlier offence shall not be taken into
account if 10 years have elapsed between the day on which the person was
convicted of the earlier offence and the day on which the person was convicted
of the offence for which sentence is being imposed, not taking into account any
time in custody.
Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be
considered is the sequence of convictions and no consideration shall be given
to the sequence of commission of offences or whether any offence occurred
before or after any conviction.
R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145;
2008, c. 6, s. 28.
Aggravated
sexual assault
273.(1) Every one commits an aggravated sexual assault who, in committing a
sexual assault, wounds, maims, disfigures or endangers the life of the
complainant.
Aggravated sexual assault
(2) Every person who commits an aggravated sexual assault is guilty of
an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the
commission of the offence or if any firearm is used in the commission of the
offence and the offence is committed for the benefit of, at the direction of,
or in association with, a criminal organization, to imprisonment for life and
to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission
of the offence, to imprisonment for life and to a minimum punishment of
imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether
a convicted person has committed a second or subsequent offence, if the person
was earlier convicted of any of the following offences, that offence is to be
considered as an earlier offence:
(a) an offence under this section;
(b) an offence under subsection 85(1) or (2) or section 244; or
(c) an offence under section 220, 236, 239 or 272, subsection
279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of
the offence.
However, an earlier offence shall not be taken into
account if 10 years have elapsed between the day on which the person was
convicted of the earlier offence and the day on which the person was convicted
of the offence for which sentence is being imposed, not taking into account any
time in custody.
Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be
considered is the sequence of convictions and no consideration shall be given
to the sequence of commission of offences or whether any offence occurred
before or after any conviction.
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146;
2008, c. 6, s. 29.
Meaning of
"consent"
273.1(1) Subject to subsection (2) and subsection 265(3), "consent"
means, for the purposes of sections 271, 272 and 273, the voluntary agreement
of the complainant to engage in the sexual activity in question.
Where no
consent obtained
(2) No consent is obtained, for the purposes of sections 271, 272 and
273, where
(a) the agreement is expressed by the words or conduct of a
person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused induces the complainant to engage in the activity
by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of
agreement to engage in the activity; or
(e) the complainant, having consented to engage in sexual
activity, expresses, by words or conduct, a lack of agreement to continue to engage
in the activity.
Subsection (2)
not limiting
(3) Nothing in subsection (2) shall be construed as limiting the
circumstances in which no consent is obtained.
1992, c. 38, s. 1.