Sexual assault is defined under Section 271 of the Criminal Code of Canada as any non-consensual sexual touching, ranging from unwanted groping to more serious acts. What matters most in a sexual assault charge is the absence of consent—not whether physical injuries occurred.

In Canada, consent must be clear, ongoing, and freely given. If someone touches another person sexually without that consent, they can be charged with sexual assault. This offence applies regardless of gender and regardless of whether force was used.

Sexual assault is treated very seriously by the courts. Depending on the specifics of the case, it can be prosecuted as a summary offence or an indictable offence. The consequences may include:

• Up to 10 years in prison for an indictable offence

• Mandatory registration on the National Sex Offender Registry

• Travel restrictions, loss of employment, and long-term reputational harm

The penalties are more severe if the complainant is under the age of 16, or if a weapon, threats, or bodily harm were involved (those cases often fall under aggravated sexual assault)

Consent is at the heart of every sexual assault case. In Canadian law, only a conscious, voluntary, and informed “yes” counts as consent. Silence, lack of resistance, or being in a relationship with the person are not enough. Some key facts:

• Consent must be continuous—it can be withdrawn at any time

• No one else can consent on someone’s behalf

Misunderstandings around consent are common, but they are not always a defence. It’s crucial to speak to a lawyer right away to understand your legal position.

Every case is unique, but there are several potential defences in sexual assault cases:

• Consent was present – The complainant agreed to the activity

• Mistaken belief in consent – The accused believed the other person had consented (must meet strict legal criteria)

• False accusation – There is insufficient or unreliable evidence

• Charter breaches – Your rights were violated during arrest or investigation

At Bigioni Law, we take a methodical and respectful approach, reviewing every piece of evidence to build the strongest possible defence—while recognizing the high emotional stakes involved.

Sexual assault charges can deeply impact your life long before any verdict is reached. You may face:

• Damage to your personal and professional reputation

• Travel restrictions or bail conditions

• Social isolation and stigma

• Increased media scrutiny in some cases

Even a false accusation can cause long-term harm. That’s why it’s essential to have a criminal defence lawyer who knows how to manage both the legal and personal aspects of the case with discretion and diligence.

If you’ve been accused of sexual assault, it’s important to get legal advice right away, before speaking to police. What you say early in a case, either to police or others, can be used against you.

We provide:

• A confidential consultation to explain your options

• A non-judgmental environment where you’re treated with respect

• A focused, strategic defence built on experience and attention to detail

• Strong courtroom advocacy to protect your rights and your future

Sexual assault charges are serious—but so is your defence. Contact Bigioni Law now and take control of your case before it controls your life.