Sexual Assault With a Weapon / Causing Bodily Harm
Section 272 of the Criminal Code creates the aggravated offence of sexual assault with a weapon, threats to a third party, or causing bodily harm. The offence is straight indictable with a maximum sentence of 14 years (or life where the complainant is under 16). It sits in the middle tier of the three-tiered sexual offence structure — between basic sexual assault (section 271) and aggravated sexual assault (section 273).
The four aggravating elements
Section 272 captures sexual assault committed where the accused: (a) carries, uses, or threatens to use a weapon or an imitation; (b) threatens to cause bodily harm to a person other than the complainant; (c) causes bodily harm to the complainant; or (d) is a party to the offence with any other person. Any one element elevates the offence from section 271 to section 272. Where the underlying conduct itself causes the aggravating element, the same act can support both the sexual assault and the section 272 aggravation.
Weapon involvement
The weapon definition is the same as for assault offences — broad, covering any object used, designed to be used, or threatened to be used to cause harm. Knives, firearms, and bottles are obvious examples; many other objects qualify depending on use. Imitation weapons are captured. The presence or threatened use of the weapon must be connected to the sexual assault, not a separate matter.
Bodily harm
Bodily harm has the same threshold as in other assault offences (more than transient or trifling). Bruising, abrasions, broken bones, and lasting psychological injury all qualify. Causation between the sexual assault and the bodily harm must be proven by the Crown, though the link is usually straightforward where injury is part of the assault itself.
Mandatory minimums and recent changes
Section 272 historically carried mandatory minimum penalties — particularly where firearms or restricted weapons were involved. Several of those minimums were struck down or revisited following the Supreme Court's decisions in R v Nur, 2015 and R v Hilbach, 2023. Bill C-5 (2022) also removed several mandatory minimums. Counsel must check the current state of the law for any specific configuration.
Penalties and consequences
Section 272 convictions almost always attract federal penitentiary sentences. Ancillary consequences are severe: SOIRA registration (typically 20 years or life); section 161 prohibition orders for offences against children; mandatory weapons prohibitions; DNA orders; and serious criminality designations for immigration purposes. Long-term offender or dangerous offender applications are possible in repeat or escalating cases.
Defence strategy
Defences include: consent (where legally available); mistaken belief in consent (subject to section 273.2 limits); identification; absence of the weapon or bodily harm element (the conduct supports section 271 but not section 272); Charter challenges to investigation and statement evidence; and credibility-based challenges through cross-examination. Mass Tsang's sexual assault lawyers handle section 272 files with the resources serious sexual offence cases require.
Related glossary terms
