Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-11-11 and last amended on 2014-09-19. Previous Versions

Marginal note:Aggravated sexual assault
  •  (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note: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

    • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note: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 244.2; 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.

  • Marginal note: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;
  • 2009, c. 22, s. 11;
  • 2012, c. 1, s. 27.
Marginal note:Meaning of “consent”
  •  (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.

  • Marginal note: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.

  • Marginal note: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.