NCJ Number
130401
Date Published
1990
Length
123 pages
Annotation
This report presents data on recent sentencing patterns for the offenses of sexual assault in Canada under a 1983 law.
Abstract
The 1983 law created a tripartite classification of sexual assault: sexual assault with a weapon, threats to a third party or causing bodily harm, and aggravated sexual assault. The maximum penalties are, respectively, 10 years, 14 years, and life imprisonment. This study examined the kinds of sentences imposed, how they compared with sentences for other crimes of violence, and the extent of sentencing variation for sexual assault offenses. The data bases used for the study include a computerized information system in British Columbia, recent Department of Justice evaluation research fo Bill C-127, and earlier data sources. The study found that most convictions for sexual assault I (between 60 and 80 percent) resulted in a sentence of imprisonment. Incarceration was imposed in more than 90 percent of the convictions for sexual assault with a weapon. Convictions for aggravated sexual assault virtually all resulted in incarceration. Sexual assault II and III were punished more severely than other personal injury offenses. Sexual assault (particularly level I) apparently generates a moderate amount of sentencing variation across Canadian jurisdictions. 7 figures, 11 tables, and a 101-item bibliography