Sexual assault with a weapon is a very serious charge. If you have been accused or charged with this, please call David Karp immediately.
604 218 0840
This charge can seem complicated and extremely specific; however, the punishment is severe if you are, or someone you know is, charged with this.
Unlike a sexual assault charge, this one holds much more devastating consequences, and it isn’t hard to have a sexual assault charge be raised to sexual assault with a weapon.
If someone commits sexual assault against another person, and there is a weapon on or near the assailant, even if unused, then that can add an extra 4 years to someone’s sentence (or potentially change it to a life sentence). That means just the presence of a weapon during sexual assault can mean the difference between 10 years or life in jail.
What is sexual assault with a weapon, threats to a third party or causing bodily harm?
As per the Criminal Code of Canada, the definition is as follows:
272 (1) Every person commits an offence who, in committing sexual assault,
- Carries, uses or threatens to use a weapon or imitation weapon
- Threatens to cause bodily harm to a person other than the complainant
- Causes bodily harm to the complainant
(c.1) Chokes, suffocates, or strangles the complainant; or
- d) is a party to the offence with another person
In other words, this charge is made to have more severe consequences than a pure sexual assault charge (a charge that involves forcing someone to participate in sexual acts without their consent).
If a person is committing sexual assault against another person, and is either carrying, using, or threatening to use a weapon (or something that appears to be a weapon) against that person, then this charge would be applicable.
If that weapon or threat of a weapon is used against a third party, then this charge is also applicable.
Weapons include things such as firearms, knives, or any other objects that could be used to intimidate someone.
What are the consequences?
Punishments vary based on the specific details. Some examples are outlined below:
Sexual assault with a weapon in the most general terms can have a maximum sentence of 14 years in prison if the victim is an adult. If the victim is under the age of 16, then the maximum sentence could be life imprisonment.
Sexual assault with a prohibited or restricted weapon results in a minimum sentence of 5 to 7 years, and a maximum of 14 years.
Sexual assault with a non-restricted weapon can have a minimum sentence of 4 years, and a maximum sentence of 14 years.
The law makes it very clear, the use of a weapon or threatening to use a weapon during a sexual assault is not taken lightly.
Each case is treated differently depending on the circumstances, which means that every situation could carry more or less severe consequences.
If you’ve, or someone you know has, been charged with sexual assault with a weapon, it is imperative you reach out to criminal defence lawyer – David Karp as soon as possible, as the consequences can be devastating and life long.
