Sexual Assault Criminal Code: Everything you need to know

Sexual assault falls under the list of the most heinous crimes by law. From causing severe mental trauma to physical suffering, the victim’s whole life can turn upside down with this single act.

The same goes for the accused, who are falsely convicted of the charge. Hence, no matter the situation, the best decision is to take legal help from experienced lawyers to ensure proper justice is served.

In the following article, we will talk about the Sexual Assault Criminal Code of Canada, along with the punishments and other relevant topics one must know.

Let’s begin with the definition:

The widely accepted definition of sexual assault in the criminal code of Canada is as follows:

“Any kind of unwanted sexual act committed by one person to another without taking their consent is deemed as sexual assault.”

There are 3 categories of sexual assault crimes in Canada, with each offence having a different level.

They are as follows:

According to this section, whenever a person inappropriately touches another person without taking their prior permission is considered a sexual assault. This may include forceful touching of private parts, kissing, sexual intercourse, etc.

In other words, if any action of a person violates another person’s sexual integrity and doesn’t even bother or care to take their consent, this act of theirs will be categorized as sexual assault.

The consequences of violating this section account for the following punishments, based on the victim’s age:

• If the offence is an indictable one and the victim’s age is more than 16 years, the maximum penalty for the violation of the act can be up to 10 years. On the other hand, if the victim’s age is less than 16 years, the maximum penalty that the offender can get is imprisonment of 14 years.
• If the offence is categorized as a summary conviction, and the age of the victim is over 16 years, the maximum jail sentence that is offered to the offender is 18 months. In contrast, if the victim’s age is less than 16 years, the maximum jail sentence for the offender is up to 2 years.

This section comprises all the things of the previous section, 271. Here, it covers the use of a weapon or threats made to the third party (such as family members, friends, children, etc.), and any bodily harm during the act.

All the offences under this section are deemed indictable offences. However, as the weapon is involved, so depending on various variables and circumstances, the punishment might vary from case to case.

Here, the punishment can range from a minimum jail sentence of 5 years to a maximum of lifelong imprisonment, based on the severity of the case.

This section covers the aggravated sexual assault. It is the most severe form of sexual assault, which comes with the maximum penalties and punishments.

If the victim gets severely injured, disfigurement or their life is at risk in the worst case; the offender will be charged under this section.

These forms of assaults are categorized as the indictable offences. The punishments for breaching this section vary, based on several variables.

Such as whether any firearm was involved during the act, is the victim’s age less than 16 years, does the offender have any previous criminal charges, etc.

Similar to section 272, the punishment can range from a minimum jail sentence of 5 years to a maximum life sentence, depending on the seriousness of the case.

Child abuse denotes the physical, emotional, or sexual abuse of a child under 16. Any kind of unwanted touching, voyeurism, child pornography, alluring them into the act, etc., falls under child abuse.

This can even include situations where the children are directly exposed to domestic violence or negligence. So, if there is any form of child abuse around, one must report it to the nearest child protection agency without waiting even for a second.

When it comes to sexual assault cases, the consent plays quite a big role. Here, the offender tries to make a plea for innocence.

However, there are some head and straight rulings that define which falls under consent and which doesnt. The provision even defines some instances that doesnt count as consent.

For the purposes of this section, any kind of consent will not be accepted if the claimant doesn’t submit or resist due to the following reasons:

• Use of force on the claimant
• Life-threatening threats made to the claimant by the offender
• Misuse of power and authority
• Fraudulent

The decision of consent becomes much more complicated if any kind of drugs and alcohol are included. As a result, it accounts for the consent of the victims. However, the court will still justify and look for the evidence as much as possible before arriving at a final call.

Another issue that happens in most of the cases is that the offender reasonably believes that the victim has given their consent to the sexual act.

This kind of thing is cited as reasonable grounds for the offender’s belief under the section 266 (4) of the Criminal Code of Canada.

Hence, the moral of the story is the entire question of whether there was consent or not is a complicated matter and thus is determined by observing the entire situation.

There is a thumb rule based on which the decision can be made automatically. Instead, a lot of things play an active role following the testimonials of both the offender and the victim, any eyewitnesses, etc.

Here is a list of the 3 common forms of evidence that are brought up in the sexual assault trials and can prove to be quite handy in solving the case:

This evidence is enough to prove the allegation. Such as, the court can use any bodily fluids and DNA-producing proof to come to the conclusion of whether the sexual act happened or not. The entire objective will depend greatly on the trial’s subject.

The testimony of the eyewitness plays quite a big role in terms of sexual assault or child abuse cases. Any person can be an eyewitness, including the victim and offender itself or any other reliable person.

As like the victim, the offender will reserve no right to take a stand or declare anything. And in case of any medical proof, the judge might ask for an expert witness to testify.

If the victim or accused has any images or photographs representing the case, it can work as a deal breaker in solving the case. However, this form of evidence is rarely used among the other options.

Whenever someone is charged with sexual assault, there are two factors that can either lessen the sentence or increase it. They are widely known as mitigating factors and aggravating factors.

Let’s see how these two factors work:

• If the offender is a first-time offender, chances are high that s/he may get a lesser sentence.
• If the accused enter into a guilty plea early, the judge may mitigate the sentence.
• The court may consider lessening the punishment if the offender is a minor.

• The younger the victim, the more severe the punishment gets.
• If there is any weapon, violence, or vulnerability involved in the act, it will increase the sentence level.
• If the offender knew the victim was a minor, and still committed this heinous act, the punishment would get much higher than in the normal case.
• If any penetration is involved, it will aggravate the sentence.
• If the offender has any past criminal record, especially related to sexual offences, then the sentence might get increased in such cases.

This goes without saying that the Canadian law is extremely strict and handles every kind of sexual assault case seriously. Plus, it is clearly stated in the Sexual Assault Criminal Code of Canada, along with the severe punishments and penalties that come with the act.

So, whether you are a victim of the sexual assault or charged with it, the wise decision is to take legal help as soon as possible. From guiding you in the right direction to representing the case in the court, they can work as a saviour for the people.

Yes, indeed. Any kind of unwanted touching or sexual activity committed by one person against the other person’s will is considered sexual assault in Canada.

If the age of the victim is 16 years and more, the maximum sentence can be up to 10 years. On the other hand, in the case of summary conviction, the maximum serving period is 18 months of imprisonment. The allegations of aggravated sexual assault result in a more severe punishment and penalty, depending on the severity of the case.