Canadian Criminal Code Part 2 Violent Crimes

SEXUAL ASSAULT Sexual assault is considered similar to assault as defined as an offence – uses same 3 levels as assault To identify an assault as a sexual assault, the following factors are considered: Part of body touched Nature of the contact Situation in which it occurred Words and gestures accompanying act Other circumstances, such as threats (with or w/out force)

SEXUAL ASSAULT First level: sexual assault consists of: Applying intentional force to another person, either directly or indirectly, without that person’s consent Attempting or threatening, by act or a gesture, to apply force Approaching or blocking the way of another person, or begging, while openly wearing or carrying a weapon or an imitation of a weapon

SEXUAL ASSAULT CAUSING BODILY HARM OR WITH WEAPON Section 272(1): “Every person... Who, in committing a sexual assault, A) carries, uses or threatens to use a wapon or an imitation of a weapon, B) threatens to cause bodily harm to a person other than the complainant; C) causes bodily harm to the complainant; or D) is party to the offence with any other person, is guilty of an indictable offence” Liable for imprisonment up to 14 years

SEXUAL ASSAULT CAUSING BODILY HARM OR WITH WEAPON Note that this second level assault offence does not include need for intent Hence, no mens rea is needed to be proven – general intent offence

AGRAVATED SEXUAL ASSAULT 3rd level – most severe Section 273: “Every one commits an aggravated sexual assault who, in committing a sexual assault: wounds, maims, disfigures or endangers the life of the complainant.” Liable to imprisonment for life

CONSENT AS DEFENCE To prove mens rea, the Crown must show either: the victim did not give consent recklessness on the part of the accused willful blindness on the part of the accused Challenge for Crown is that there are typically few witnesses to offence, so consent (or lack of) is difficult to prove beyond reasonable doubt

CONSENT AS DEFENCE Section 273.1: No consent is obtained... where: A) the agreement expressed by the words or conduct of a person other than the complainant B) the complainant is incapable of consenting to the activity C) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority D) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity, or

CONSENT AS DEFENCE E) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity

CONSENT AS DEFENCE However, consent is never given if the victim is under 14 years old, unless accused is less than three years older than victim Supreme Court established case precedent by ruling that 16 year old abused by stepfather did not need to have resisted sexual assault in order to show that she did not consent

INTOXICATION AS DEFENCE Self-induced intoxication is not a defence if accused “departed markedly from the standard of reasonable care” Meaning, if accused drank to excess knowing that it would result in loss of control

SPOUSES Spouses are able to charge their partner, whether or not they are living together

VICTIM’S BACKGROUND Generally, in trial, evidence related to the victim’s sexual reputation is not admissible However, personal records of victim may be admitted, such as: Medical, therapeutic, psychiatric, counselling, education, employment, child welfare, adoption, social services records, personal journals and diaries Judge considers many factors before allowing any of above to be considered as evidence

S.A. INVOLVING YOUTH Considering that younger people are vulnerable to pressure from older people to engage in sexual relationships, Criminal Code makes it offence to: Touch, for sexual purposes, a part of body of person under age of 14, or To invite, counsel, or incite that person to touch, for sexual purposes, a part of the body of any person Consent is not a defence (unless under 3 years older than victim)

S.A. INVOLVING YOUTH Offence as well if committed by people in positions of authority or trust towards a person aged 14-17 For this offence accused cannot use defence that they did not know the victim’s age Consent is not a defence here

OTHER SEXUAL OFFENCES Procure a person under 18 for purpose of any sexual violation incest bestiality Public nudity Exploit sexually a mentally or physically disabled person In the home of a person under age of 18 participate in adultery or sexual immorality... that would endanger the morals of the child or render the home unfit for child to be in

ABDUCTION Offence to take an unmarried person under the age of 16 years without permission of parent, guardian, etc. Offence also unlawful taking, enticing, concealing, detaining, receiving, or harbouring a person under the age of 14 Offence of enticing where one parent takes a child away from another without custodial order Consent is defence against enticing, as is protection from imminent harm

ROBBERY Robbery involves violence, threat of violence or use of offensive weapons in commission of theft Threats can be seen as implied and do not have to be uttered in full to be regarded as evidence of intent Sentence is life imprisonment