1. The Criminal Code & Sexual Assault
Law 12

2. Sexual Assault Many Factors: The part of body touched
The nature of the contact
The situation in which it occurred
The words and gestures accompanying the act
All circumstances surrounding the conduct, including threats

3. Sexual Assault Offence
Actus Reus - the sexual touching to which the victim does not consent
Mens Rea - knowledge that the victim didn’t consent, recklessness, or willful blindness
Consent (agreement given freely and voluntarily) is very important to cases
“Implied consent” is not accepted as a defence (i.e. R. v. Ewanchuck)
“No means no” at any point

4. 3 Levels of Sexual Assault
Violates victim’s sexual integrity – involves touching of sexual nature that is not invited or consensual (i.e. kissing, touching, contact for sexual purpose…)
Can involve no injuries or minor physical injury to the victim
Carries a maximum punishment up to 10 years imprisonment

5. Sexual Assault
Level 2:
Involves the use of a weapon or an imitation of a weapon, threatens to cause bodily harm to third party (i.e. family member), causes bodily harm to person
Carries a maximum punishment up to 14 years imprisonment
If restricted or prohibited weapon used, there is a mandatory minimum sentence of 5 years imprisonment

6. Sexual Assault
Level 3:
Aggravated sexual assault is most serious offence
Assault wounds, maims, disfigures or endangers the life of victim
Maximum sentence of life imprisonment

7. Sexual Assault Cases
Not necessary for victim to physically/verbally resist attacker to establish a lack of consent
Intoxication (i.e. self-induced) cannot be used as a defence – changed after R. v. Daviault case (issue of forming intent and intoxication)
Rape Shield Law: prohibits evidence of sexual reputation from being raised in court to challenge the credibility of complainant
Intended to protect complainant – personal reputation, past sexual relationships intimidation…

8. Sexual Assault Cases
However judge can permit this evidence under very specific circumstances (i.e. add value to the fairness of the trial)
Personal records of victim can be entered as evidence (medical, psychiatric, counselling…)
Criminal Code permits one spouse to charge the other spouse with sexual assault

10. Other Sexual Offences
No sexual touching of 16 year olds or under allowed, unless less than 3 years older
Consent is irrelevant
Other sexual offences: bestiality, pimping 17 years olds or under, incest, etc - See p. 140 for a full list

11. Abduction
Abduction is the forcible removal of an unmarried person under 16 yrs old from the person who has lawful care of the child
Enticing, concealing, and detaining a child are separate offences

12. custodial parent won’t give access,or
custodial parent takes the kid If the child was in imminent harm
this is considered an acceptable defense

13. Robbery
Theft involving violence, threats of violence, assault, or using weapons –
Threats of violence include shouted orders, or gestures indicating violence will be used - Imitation weapons count as offensive weapons
Also an offence to mask one’s face with the intent to commit a crime

14. Weapons
A weapon is anything used for causing injury, threatening, or intimidating a person
Objects in question do not have to be designed as weapons

15. Prohibited weapons
gun silencer, switchblades, automatic guns etc

16. Restricted weapons
guns that can be fired with one hand, semi-automatics, etc
All owners of firearms must register them
Called a PAL = Possession and Acquisition License

17. Weapons and Crime
Using a firearm while committing an indictable offence minimum one year sentence

18. Offences Relating to Prostitution
Prostitution is legal, but soliciting and keeping a common bawdy house is illegal
Procuring is the fancy word for pimping
setting up people with hookers, getting money...
Penalties are stricter for procuring than soliciting

19. Legalization Debate
Some ppl argue such matter should be legalized, some think it’s a bad idea
Some provinces have legislation protecting underage prostitutes

20. Property Crimes
At one time, protection of property was the most important function of criminal law –
Until the 18th Century, death was a common punishment for theft
Property offences are still approx. 2/3 of the offences listed in the Criminal Code