What Is the Difference Between Molest and Assault?

Between 2017 and 2022, police-reported sexual assault in Canada rose by a staggering 38%. Similar increases were reported among women and girls (37%) and men and boys (36%) (Statistics Canada). Behind these numbers are real people—survivors navigating deeply personal trauma, often through systems they don’t fully understand. So when questions arise like what is the difference between molest and assault, they’re not abstract. They’re urgent.

It’s a question made more confusing by language. In everyday conversation, “molest” and “assault” are often used interchangeably. But legally, especially in Canada, they mean very different things. And if you’re trying to understand what happened to you or decide whether to take legal action, that difference matters. 

Under the Canadian Criminal Code, assault is a clearly defined offence. It refers to any intentional application of force—direct or indirect—without consent. It also includes threats of force or behaviour that causes someone to fear being harmed. It doesn’t always involve injury.

When the force or threat has a sexual element—an unwanted touch, a coercive gesture, or an act that violates a person’s sexual autonomy—it becomes sexual assault. This isn’t a separate category of harm, but rather an extension of basic assault adjusted for context.

The term “molestation” does not appear in Canadian criminal law. Instead, acts that people often describe as molestation are prosecuted under specific sexual offences like sexual interference, invitation to sexual touching, and sexual exploitation.

In other words, molestation refers (in common usage) to sexually inappropriate or exploitative acts, often involving children. But in a Canadian court, it’s the nature of the act and the age or capacity of the victim that determines how the offence is classified.

Sexual assault in Canada is a broad term. It covers any non-consensual sexual contact, regardless of the victim’s age. This sexual misconduct might include unwanted touching or something more invasive, such as forced intercourse.

Molestation is a colloquial term; in legal context, more specific charges are used. The public might think of molestation as a softer or lesser offence, but in reality, the legal charges it implies are often among the most serious. Think of childhood sexual abuse, sexual contact with a minor, or sexual acts involving pornographic photos or indecent exposure. These distinctions are more than academic. 

Canada’s age of consent is typically 16, though it rises to 18 in cases where there is a relationship of trust or authority. Teachers. Coaches. Older relatives. The law recognises the power dynamics at play when the question of child sexual abuse gets raised and adjusts the rules accordingly.

Consent must also be voluntary, informed, and ongoing. A person cannot legally consent if they’re unconscious, intoxicated, manipulated, or coerced. That means victim’s consent is only valid if it’s freely and knowingly given. Cases involving younger children or those with cognitive vulnerabilities add another layer of legal and ethical complexity.

These distinctions play a role in determining criminal liability as well as in establishing civil responsibility.

Criminal law exists to punish wrongdoing. Civil law exists to repair harm. For survivors, the latter can sometimes feel more accessible, more empowering, and in many cases, more healing.

A survivor can file a civil claim even if criminal charges weren’t laid—or if they were, and the accused was acquitted. The standard of proof in civil court is lower. It’s about likelihood, not certainty.

Sexual abuse survivors may be entitled to damages for a range of losses: therapy, medication, missed work, future care needs, and general pain and suffering. 

At DWA Law, we focus exclusively on civil matters. We help survivors hold individuals and institutions accountable where the law permits. That may include claims against abusers, employers, schools, or organisations that failed in their duty to protect.

Harassment refers to a pattern of unwanted behaviour that causes fear or emotional harm. It doesn’t require physical contact. Molestation, though not legally defined in Canada, usually implies unwanted sexual contact, especially with minors. The difference lies in both the nature of the behaviour and the presence of physical interaction.

Assault is about the threat or act of force. It’s physical, immediate, and often charged criminally. Harassment is broader. It can be verbal, digital, or psychological and is generally about repeated behaviour. Both can cause harm. Both can be addressed in civil claims.

In Canada, sexual assault is the umbrella legal term for non-consensual sexual contact. Molestation is more of a cultural term. It usually refers to sexual offences involving children, but in legal filings, it’s replaced by charges like sexual interference, sexual exploitation, or lascivious acts. Knowing the right terminology matters if you’re planning to pursue legal action.

If you’ve experienced unwanted touching, inappropriate sexual activity, or any other behaviour that felt wrong—even if you’re unsure whether it meets the legal threshold for a claim—it’s worth asking. 

Some cases involve physical force. Others rely on power, secrecy, or fear. Civil courts recognise all of it.

At DWA Law, we handle personal injury claims related to sexual abuse, assault, and other personal injury matters. We help survivors navigate the civil justice system, which includes cases involving family members, institutions, or authority figures who violated trust.

If you’re considering a civil claim, contact DWA Law for a free consultation. There’s no obligation, just a chance to understand your rights.

Whether the harm was recent or long in the past, a personal injury lawyer can help you move forward with dignity.