What Is Aggravated Sexual Assault?

In Canadian law, few charges carry the weight—or the consequences—of aggravated sexual assault. It’s not just a legal classification. It’s a recognition that the harm inflicted went far beyond the norm, involving serious injuries, lasting trauma, or other extreme factors.

But what does that actually mean? What is aggravated sexual assault, exactly? And for those who’ve been harmed, what can be done beyond the criminal courtroom?

While the criminal system focuses on punishment, civil law offers something else: the chance to claim damages and hold perpetrators accountable in a different, often more personal, way. If you’re considering taking action, Ontario’s civil claims guide outlines the path. But for survivors, filing a civil claim isn’t just about reading legal forms—it’s about asserting rights, reclaiming control, and working with personal injury lawyers who understand the stakes.

Under Canada’s Criminal Code, aggravated sexual assault is the most serious of all sexual offences. It goes beyond sexual assault—which already covers a wide range of unwanted sexual touching, coercive sexual activity, or acts committed without the victim’s consent.

A charge becomes aggravated when the accused caused bodily harm, serious physical disability, or wounds that have a lasting, measurable impact. It can also include cases involving weapons—such as a prohibited firearm or restricted firearm—or where the act was committed as part of a criminal organization. Even unprotected sex without disclosing an HIV positive status has been found to meet the threshold under Canadian case law, especially where there is a realistic possibility of harm.

In short, the aggravating factors must elevate the harm to something beyond what the courts expect in “ordinary” sexual assault cases. And while that term—ordinary—feels impossible in this context, the law must differentiate.

In the criminal realm, aggravated sexual assault charges are treated as an indictable offence, meaning they are serious, complex, and carry some of the harshest penalties available.

The maximum penalty? Life imprisonment.

The minimum punishment? There isn’t one—unless it’s a second or subsequent offence, in which case mandatory sentencing rules kick in.

Some cases are tried in Superior Court, with the right to a preliminary inquiry. Others may involve joint proceedings if the accused is also facing other offences, such as sexual interference or a child pornography offence.

But regardless of the forum, the legal burden is high. The Crown must prove not only that a sexual act occurred, but that it involved significant aggravating elements. And unlike a summary conviction for a first offence, these matters involve a full criminal process—potentially including bail hearings, mandatory appearances, and long delays.

Yet even when there is an aggravated sexual assault conviction, justice can feel incomplete. Survivors may find the process grueling. The criminal justice system can be impersonal, slow, and focused on the accused—not the alleged victim.

This is where civil law changes the story. If you were sexually assaulted, and especially if the circumstances meet the threshold of aggravated sexual, you may have the right to sue—even if no criminal charges were ever filed. Even if the convicted person is already serving a sentence. Even if the offence occurred years ago.

Why? Because civil law is about you. About the harm done to your life, your body, your peace of mind. About sexual integrity violated. And about what it takes to restore some measure of balance.

Damages in these cases can cover:

• Therapy and long-term medical care

• Lost income or career disruption

• Emotional trauma and diminished quality of life

• The toll of childhood sexual abuse, especially where the harm lasted into adulthood

And if the earlier offence was part of a known pattern—whether in institutional settings, in intimate partner relationships, or in cases involving a previously earlier convicted individual—those facts can shape the outcome of your civil case, significantly.

Civil claims can also proceed even if the survivor wasn’t able to speak up at the time. The law has recognized that trauma doesn’t always align with filing deadlines. And in the most serious aggravated sexual assault cases, courts are increasingly willing to consider the full context, not just the calendar.

You may be wondering: What, specifically, is considered aggravated sexual assault? The law doesn’t use a checklist—but certain scenarios come up again and again in criminal cases and civil claims:

• The accused used a weapon, or an imitation thereof

• The victim suffered permanent scarring or disability

• The act caused significant psychological injury, supported by expert evidence

• The assault was linked to a larger pattern of abuse or coercion

• The victim was especially vulnerable due to physical disability, age, or relationship to the assailant

• It was a second or subsequent offence

Each instance is fact-specific. The only question is: was the harm so severe, so invasive, that it demands a response beyond the ordinary?

When the answer is yes, the law must—and often does—respond accordingly.

Whether you’re navigating the aftermath of a criminal trial, considering a lawsuit, or just trying to understand your options, we’re here.

At DWA Law, we work with survivors who’ve experienced the very worst. We represent individuals, not institutions. We pursue civil justice—not just compensation, but acknowledgment. And we do it with discretion, experience, and deep respect for what our clients have already endured.

If you want to speak with an assault lawyer who understands how high the stakes are—and how to pursue the strongest possible civil claim—we’re ready.