The Criminal Code Sexual Assault Law 12 Sexual

The Criminal Code & Sexual Assault Law 12

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

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

3 Levels of Sexual Assault Level 1: n Violates victim’s sexual integrity – involves touching of sexual nature that is not invited or consensual (i. e. kissing, touching, contact for sexual purpose…) n Can involve no injuries or minor physical injury to the victim n Carries a maximum punishment up to 10 years imprisonment

Sexual Assault Level 2: n 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 n Carries a maximum punishment up to 14 years imprisonment n If restricted or prohibited weapon used, there is a mandatory minimum sentence of 5 years imprisonment

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

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

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

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

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

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

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

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

Prohibited weapons n gun silencer, switchblades, automatic guns etc

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

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

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

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

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