Monday 9 January 2012

how is sexual assault defined in Canada

I was at court and found myself struggling with trying to figure out what is considered sexual assault according to the canadian defination..

there were a number of incidents where I was raped by my ex. some of the incidents I did not verbalize no but that did not make it consentual... but anyways for my own sake and it may be useful information for others as well  i figured it'd be useful to know what sexual assault in Canada is

he Criminal Code of Canada definition of Assault: 
A person commits an assault when: 

  • without the consent of another person, a person applies force intentionally to another person, directly or indirectly;

  • a person attempts or threatens, by act or gesture, to apply force to another person, if a person has present ability to effect their purpose; or causes that other person to believe, upon reasonable grounds, that they have present ability to effect their purpose;

  • while openly wearing or carrying a weapon or an imitation thereof, a person accosts or impedes another person or begs.
The definition of Assault is used to define Sexual Assault because they are exactly the same except for the sexual part.


SEXUAL ASSAULT (Basic Summaries)

Somebody touches you in a sexual way on purpose, directly or indirectly, without your consent.

Somebody sexually assaults you and is armed with, or uses, a weapon, or, forces you to have sex by threatening to do injury to somebody else, (for example: they threaten to hurt your brother or sister if you don't do it), or, they injure you.


CONSENT (Your Rights About Saying Yes or No)

The law about consent can be complicated. 
There are times when the offender sexually touches the victim without asking for permission.  But, sometimes they do ask and the victim says "no" but the offender touches them anyway.  If you say "no" then it means exactly that.

Your consent can't be forced.  The courts can decide that consent was not given if the offender uses force, threats, fear of bodily harm, or by lying about what they wanted to do with you, or, if you are unable to give consent because you're mentally challenged.

Even if you do say yes, there are some cases when the other person can still get charged. Sometimes, you're not legally allowed to consent to have sex (Canadian Criminal Code 2009):

For more information - go to http://www.sacc.to/sya/crime/law.htm

1 comment:

  1. Thanks for creating this blog, Im sure it will help others. Just got your comment on my blog (sorry im slow) lol Keep in touch
    Maria
    http://awarenessdv.blogspot.com

    ReplyDelete