1. What happens if the accused is found guilty?
Sometimes, the judge will decide on the punishment, the sentence,
right away. More often, sentencing is put off for a few weeks.
A probation officer may be asked to prepare a pre-sentence
report. In that case, the probation officer will speak to people
who know the accused and then write up a history. Information
on the accused's background -- place of birth, schooling, lifestyle
and past criminal activity -- can help the judge decide the
most appropriate punishment.
You may be asked to testify at a sentencing hearing. The judge
may want to know what happened during the sexual assault. Were
you hurt? Were you so badly hurt that you had to miss work?
How long was it before you could return to your usual activities?
These facts can also help the judge decide on an appropriate
punishment.
In deciding on the sentence, the judge will consider whether
or not the person found guilty of sexual assault has been found
guilty of a crime before. If so, is there a past conviction
for sexual assault? Repeat offenders are usually given a harsher
punishment.
2. What punishment will a guilty person receive?
The law gives a judge a great deal of choice in deciding the
most appropriate punishment for each case. Although the judge
can decide on the punishment from a wide range of options, the
maximum possible sentence depends on the crime.
| Crime |
Maximum
Sentence |
| aggravated
sexual assault |
life
in prison |
| sexual
assault with a weapon, threats to a third party or bodily
harm |
14
years in prison |
| sexual
assault tried as an indictable offence |
10
years in prison |
| sexual
assault tried as a summary conviction offence |
6
months in jail and a $2,000 fine |
Using these maximum punishments as a guide, a judge can decide
on the length of the prison sentence. The judge can also fine
the accused or insist that the person report to a probation
officer regularly.
When the maximum punishment for a crime is 14 years in prison
or longer, the minimum sentence a judge can give is an order
to report to a probation officer for a set period of time. This
is called a suspended sentence with probation. If an accused
does not obey the probation order, the judge can give another
sentence.
When the maximum penalty is less than 14 years in prison, the
minimum sentence a judge can give is an absolute discharge.
An absolute discharge means that the person is free to go and
does not have a record for a criminal conviction.
Definitions:
The Canadian Criminal Code divides offenses into two categories:
Indictable offenses and summary conviction offenses.
Indictable Offense: is the more serious criminal offense.
The punishment for indictable offenses can be from two years
in jail to life imprisonment.
Summary Offense: is considered a less serious criminal
offense. It carries a possible maximum punishment of six months
in jail and/or a $2,000 fine
Source: ...after sexual assault...;
Your guide to the criminal justice system, Department of Justice
Canda, Ottawa, Ontario 1991:61-62
