Explaining The Difference Between Sexual Harassment and Sexual Assault

Understanding the legal difference between sexual harassment and sexual assault is important for victims, employers and law enforcement, but explaining the distinction to the general public can be difficult.

We took a closer look at the difference between these two offenses, and the steps that you can take if you have been the victim of either of these crimes.

What Is Sexual Harassment?

Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. It can take many forms and can occur in any setting, including the workplace, school or social events.

The key component of sexual harassment is that it is unwanted and unsolicited. If the behavior makes someone feel uncomfortable, scared or intimidated then it may be considered sexual harassment. 

Examples of sexual harassment may include:

• Inappropriate touching or advances
• Repeated requests for dates
  Offensive jokes or comments
• Unwelcome sexual advances or gestures
• Sharing of sexually explicit photos or materials

If you have experienced sexual harassment, legal action may be a recourse. Depending on the severity, punishments could range from a warning to dismissal if the incident occurred in the workplace.

What Is Sexual Assault?

Sexual assault is any sexual contact performed without consent and can include rape, groping, fondling, or other unwanted physical contact. It is not limited to penetration or force; intimidation or coercion can also be considered forms of sexual assault. Across Canada, these acts are illegal and can result in serious penalties if the perpetrator is found guilty.

Canadian law recognizes three levels of sexual assault:

General Sexual Assault

Sexual assault involves any non-consensual touching of another person, which can include contact with the face, hands, or other body parts. It is a serious crime punishable by imprisonment if convicted.

Sexual Assault with a Weapon

Sexual assault with a weapon is defined as any sexual assault that involves the use of a weapon or any other object used for the purpose of causing harm. It is a very serious offense and can result in a long jail sentence.

Aggravated Sexual Assault

Aggravated sexual assault is defined as being any sexual assault that causes bodily harm or involves weapons. It is a very serious crime and can result in lengthy jail sentences.

Sentencing and Punishment

Sentencing and punishment for sexual assault will depend largely on the age of the victim, as well as other factors such as:

• The age of the victim
• The severity of the incident
• The weapon used, if any
• Whether or not bodily harm was inflicted
• The amount of force used in the assault.
• The impact on the victim
   

A minimum mandatory sentence of one year in jail may be automatically applied if the victim is under the age of 16, and the Crown Attorney pursues the case by indictment - that is, a serious offense - with a maximum sentence of 14 years. Cases not pursued by indictment may carry a minimum sentence of six months and may have a maximum sentence of two years plus one day.

In cases where the victim is over the age of 16, cases pursued by indictment may carry a maximum sentence of ten years, and summary conviction cases a maximum of 18 months - there are no minimum sentences in these cases.

What Steps Can You Take If You Have Experienced Sexual Harassment Or Assault?

If you have been the victim of sexual harassment or assault, it is important to seek help from a professional. You should contact your local police department and report the incident as soon as possible, even if you do not wish to press charges.

It is also important to seek medical attention right away, as there may be physical or emotional damage that needs to be addressed. It can also be helpful to speak to a counselor or other mental health professional who can help you process the experience and move forward.

Contact a Sexual Assault Lawyer

What The Law proudly serves clients in Richmond Hill, Aurora, Toronto and throughout cities and towns in Ontario. Call or text us 24/7 at 647-295-6499.