Charged with a sexual offence in Ontario: what happens next

The main charge people search for is sexual assault: sexual contact without the other person's voluntary agreement. Related charges include sexual assault causing bodily harm, aggravated sexual assault, sexual interference involving someone under 16, and child luring.

Consent means the other person freely agreed to the activity at the time, and it can be withdrawn at any point. Someone unconscious, asleep, or too intoxicated to understand what's happening can't legally consent, and silence isn't agreement. The Crown (the government lawyer prosecuting the case) has to prove beyond a reasonable doubt that the contact was sexual, that it happened without consent, and that the accused knew or was reckless about that. An honest but mistaken belief in consent can be a defence in narrow circumstances, but only if reasonable steps were taken to find out.

Usually not. Indictable offences in Canada have no limitation period, so a sexual assault charge prosecuted that way can be laid years or decades later. Sexual assault is a hybrid offence, though, and if the Crown proceeds by the less serious summary process, the charge generally has to be laid within 12 months unless both sides agree otherwise. Historical allegations are judged under the law in force when the conduct allegedly happened. Outcomes vary with the facts, the age of the person involved, and whether a weapon or bodily harm was involved, with maximum penalties reaching life imprisonment for the most serious form. Where the other person is under 16, sexual assault prosecuted by indictment carries a mandatory minimum of 1 year. Since July 18, 2026 (Bill C-16), a judge can impose less jail than a mandatory minimum only in rare cases where the minimum would be grossly disproportionate, and some jail is still required. The same law increased penalties for several sexual offences, so which rules apply depends on the charge and when the offence allegedly happened.

A conviction for a listed offence can lead to an order under the Sex Offender Information Registration Act requiring you to report your address and other details to police for 10 years, 20 years, or life, depending on the offence. Since October 26, 2023, an order is mandatory for repeat sexual offenders and for sexual offences against a child prosecuted by indictment with a sentence of 2 years or more. For other listed offences, an order is presumed: the judge must make it unless you show there's no connection to the registry's purpose or the impact would be grossly disproportionate.