What is Sexual Assault?
Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. The Supreme Court of Canada held that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim. When investigating a sexual assault, there are certain relevant factors to consider:
The part of the body touched
The nature of the contact
The situation in which the contact occurred
The words and gestures accompanying the act
All other circumstances surrounding the act
Any threats that may or may not be accompanied by force
The victim of the sexual assault can be man or woman and the attacker can be of the same sex as the victim. A spouse may be charged with sexual assault upon the other spouse.
Punishment
Everyone who commits a sexual assault is guilty of
An indictable offence and is liable to imprisonment for a term not exceeding ten years or
An offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months
Sexual Assault With a Weapon/Threats to a Third Party/Causing Bodily Harm Section 272
Every person commits an offence who, in committing a sexual assault
Carries, uses or threatens to use a weapon or an imitation of a weapon
Threatens to cause bodily harm to a person other than the complainant
Causes bodily harm to the complainant, or
Is a party to the offence with any other person
Punishment
Every person who commits an offence under subsection (1) is
Guilty of an indictable offence and liable
Where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years and
in any other case, to imprisonment for a term not exceeding fourteen years
Aggravated Sexual Assault 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
Punishment
Every person who
Commits an aggravated sexual assault
Is guilty of an indictable offence and liable
Where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years and
In any other case, to imprisonment for life
Consent means the voluntary agreement of the complainant to engage in the sexual activity in question.
No consent is obtained when:
The agreement is expressed by the words or conduct of another person other than the victim (complainant)
The complainant is incapable of consenting to the activity
The accused (by abusing a position of trust, power or authority) induces the complainant to engage in the act
The complainant expresses by words or conduct a lack of agreement to engage in the act or
The complainant, having consented to engage in the sexual activity, expresses (by words or conduct) a lack of agreement to continue to engage in the activity