Sexual Assault CRIMINAL LAW –UNIT #3

Sexual Assault A sexual assault is:  An assault that is sexual in nature There are three levels of sexual assault: 1.Sexual assault 2.Sexual assault causing bodily harm (or with a weapon) 3.Aggravated sexual assault

Age of Consent  The age of consent to sexual activity is 16.  That means that a 16 year old person can consent to sexual activity with an older person of any age. Sexual interference is:  Sexual contact with someone under the age of 16 is a criminal offence

Exceptions to the age of consent:  The age of consent becomes 18 if the older party is in a position of power, trust or authority (the criminal offence that applies to this situation is called sexual exploitation (i.e. priest, boss, councillor, teacher, doctor, etc.)  Close-in-age- exception – 14 and 15 year olds may consent to sex with others who are not more than 5 years older  Teenagers between the ages of 12 and 14 may consent to sex with others who are not more than 15 years old.

When is there consent? When is there not consent? When can the defence of consent not be used?

 A person under the legal age to consent can’t consent….the older person can’t use the defence of consent in these cases, unless he/she has taken all reasonable steps to ascertain the age of the younger person  Complainant drunk or intoxicated....no consent given  No consent if person uses power or authority to try and get consent  Complainant must say yes to sexual activity; there is no such thing as implied consent (without a clear “yes” it is “ no”)  Consent in the past doesn’t mean there is consent now (marital rape)

Sexual Assault here in Canada Sexual Assault Laws - failing Canadian women Ontario Trio - charged with several sexual assault charges

Sexual Assault and Consent Statements True or False? 1. It is possible to commit a sexual assault without actually touching somebody. ◦TRUE (sexual harassment) 2.Sexual assault causing bodily harm is the most serious form of sexual assault. ◦FALSE. Aggravated assault is. 3.In some situations involving aggravated sexual assault, consent is not a defence. ◦TRUE. You can’t consent to being seriously injured by someone else. 4.There is no offence called rape in the Criminal Code of Canada. ◦TRUE. It is called sexual assault. 5.Consent is frequently an issue in sexual assault trials. ◦TRUE. His word vs. her word. “Implied consent”

Sexual Assault and Consent Statements True or False? 6.Alcohol can make it more difficult to claim that consent was given in a sexual assault case.  TRUE. 7.A person must clearly say “no” to sex or a court will rule that consent was present.  FALSE. Implied consent is not valid. 8.It is legal for a 16 year old and a 50 year old to have a sexual relationship if both people consent to it.  TRUE. Age of consent is It is legal for a 13 year old and a 17 year old to have a sexual relationship if both people consent.  FALSE. Within 3 years if under the age of consent.

Sexual Assault and Consent Statements True or False? 10.It is always legal for a 17 year old and 26 year old to have a sexual relationship if both people consent.  FALSE. Not if they are in a position of power/authority. 11.Evidence about a complainant’s sexual activity or the complainant’s personal records can rarely be entered as evidence in a sexual assault trial. Why?  FALSE. They can taint the judge/juries opinion of the victim. Irrelevant to this case. NOTE:  20 years ago… if not a clear “No,” – then ‘meant’ yes  NOW… if not a clear “Yes,” – then means no