What Is Sexual Assault?
Sexual assault is a form of assault that is sexual in nature–such that the sexual integrity of the victim has been violated. The definition of sexual assault is defined in the Criminal Code of Canada. It is the combination of Section 265, which defines assaults, and Section 271, which defines the punishments of being convicted and found guilty of the offence based upon whether the charges is prosecuted as a summary conviction or a indictable offence.
It is critical to note that the assault does not require physical contact with any specific part of the body. It is the sexual nature of the assault compromising the victim’s sexual integrity. This may include inappropriate touching, unwanted kissing, and oral, vaginal, or anal sex. The three types of sexual assault are normal sexual assault, sexual assault causing bodily harm or involving a weapon or threats to a third party and aggravated sexual assault.
Understanding Section 265: Defining Assault and Sexual Assault Offenses
According to Section 265, an assault is committed when:
- A person intentionally applies force against another individual, without their consent, either indirectly or directly.
- A person, who knowingly impedes or accosts another individual, or begs, while the accused is openly carrying or wearing a weapon or reasonable imitation.
- A person threatens or attempts to apply force to another individual, by a gesture or act, if the accused causes or has caused the other individual to believe, under reasonable circumstances, the accused has the current ability to affect their purpose.
In addition, Section 265 applies to all forms of criminal assaults, including sexual assault, aggravated sexual assault, and sexual assault with a weapon.
It is worth mentioning, there is no specific criminal offense for rape. Rather rapes are prosecuted as sexual assault offences. It is also worth noting rape is not the only form of sexual assault one could be accused of committing.
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If you or anyone you know has been charged with sexual assault, it is important to speak directly to a criminal defence lawyer in North York, Toronto to find out yours rights and get your questions answered. Please contact Farjoud Law at (647) 424-1288 and speak directly to a criminal lawyer regarding your matter. We are available 24 hours a day, 7 days a week.
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Please note that this article is solely for informational purposes and should not be considered legal advice. Please consult a lawyer prior to acting or relying on any information in order to ensure the protection of your rights and interests.
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Sexual Assault FAQs
The importance of a bail hearing manifests itself in several ways. The accused can work more closely with their criminal defence lawyer to create an efficient and effective strategy. Being able to prove their willingness and ability to abide by court orders and potential conditions also can lead to benefits at the end of the criminal case.
Failure to make bail can put significant pressure on an accused to plead guilty and avoid the long wait time for trial in prison, even if they are innocent.
Being released on bail also allows the accused to resume their everyday life with family, friends and work.
Consent is when one person agrees or gives their permission to have force applied against them. In sexual situations, consent is when two people mutually agree to engage in sexual acts. Consent is an essential component to determining when assault, including sexual assault has occurred.
There are different types of consent a person can give. For instance, a person can consent to hugging and kissing and nothing more. It is important to verify and confirm the type of consent being given. The best way is to verbally ask the other person whether they consent to doing more than just kissing and hugging and if they say no, then if you attempt to do more with them, you could be charged with sexual assault.
Consent is only valid once. Each time you engage in a sexual act with another, they must consent to it each and every time. Just because consent is given one time does not mean it is still valid in the future.
For instance, you take your girlfriend out on a date, end up back at her place and she consents to having sex with you. Since she consented, no sexual assault has occurred. However, the following weekend you go out, end up back at her place, and she tells you she does not want to have sex, yet you force her to have sex with you anyway. Now, you have just committed sexual assault since your girlfriend did not consent to having sex with you.
No. Once a claim of sexual assault has been filed through the police, they are required under law to fully investigate that claim. Even if the other person requests the charges be dropped, it is not their decision.
If the police determine, there was indeed, no consent given, you can be charged with sexual assault. At this point, it is up to the Crown to determine whether there is sufficient evidence to prosecute you.
