Things you should know about Sexual Assault offences in Canada

Things you should know about Sexual Assault offences in Canada

First let’s see what is Sexual Assault offences. Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. According to The Supreme Court of Canada , 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.

There are 3 kinds of Sexual Assaults :

level 1 :

An assault committed in circumstances of a sexual nature that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.

level 2 :

assault with a weapon, threats, or causing bodily harm.

level 3 (Aggravated sexual assault) :

assault that results in wounding, maiming, disfiguring or endangering the life of the victim.

Sexual assault as defined in the Canadian Criminal Code is fundamentally different than equivalent offences as defined in many other developed nations. the factors that determine what level of sexual assault charge. there are some relevant factors while investigating a sexual assault. factors like :

• 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
• The Other circumstances surrounding the act
• The threats that may or may not be accompanied by force

As you know , The victim of the sexual assault can be Male or Female. the attacker can be of the same genderas the victim. in addition , a spouse can be charged with sexual assault upon the other.

A person that commits a sexual assault is guilty of An indictable offence that is liable to imprisonment for a term not exceeding ten years or more. in addition , An offence punishable on summary conviction that is liable to imprisonment for a term not exceeding eighteen months.

What will happen if a person commits a Sexual Assault with by a Weapon?

As you know , Sexual Assault by a weapon is one of the common Sexual Assaults. Because most of the people affraid of weapons. There are some examples of Secual Assault by a weapon :

• Carries, uses or threatens to use a weapon
• Imitation of a weapon
• Threatens to cause bodily harm to a person other than the complainant
• Causes bodily harm to the complainant
• a party to the offence with any other person
  

Every person who commits a Sexual Assault by a weapon will be Guilty of an indictable offence and also :

• Where a weapon 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.
• in any other case, to imprisonment for a term not exceeding fourteen years.

Aggravated Sexual

Aggravated Sexual Assault is one of the Sexual Assault kinds. There are some examples of an aggravated sexual assault :

• In committing a sexual assault
• Wounds
• Maims
• Disfigures
• Endangers the life of the complainant

Sexual Assault offences of under-aged people

A person who is under the age of sixteen cannot consent to sexual activity with another person who is five or more years older than them. A person who is under the age of fourteen years cannot consent to sexual activity with another person who is two or more years older than them. In any case, a person in authority cannot use consent as a defence of having sexual activity with a person under the age of sixteen.

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