Sexual assault is a violent and often a gender-based crime that has gained considerable societal awareness over the years. It continues to be a persistent problem in Canada and according to SACHA Sexual Assault Centre, there are 460,000 sexual assaults in Canada. However, only 5% of survivors report it to the police, and the rest remain unreported.
A lack of information about sexual assault laws and survivor rights under the Criminal Code of Canada, is a significant reason why survivors hesitate to report the crime. Some victims don’t even realize that they’ve been assaulted.
In this blog post, we answer some frequently asked questions about sexual assault and the laws that protect victims from such crimes. We aim to educate people about the sexual assault law and encourage them to understand the seriousness of this offence.
1) What is sexual assault?
Sexual assault is defined as an unwanted act of a sexual nature imposed by one person on another without that other person’s consent. The act of sexual assault does not depend solely on contact with a specific body part, but it’s the sexual nature of the act that violates the sexual integrity of the victim.
2) What is the difference between sexual assault and sexual harassment?
Many people believe that sexual assault and sexual harassment are the same. But, there is a fine line between the two terms. Sexual assault refers to non-consensual sexual activity including touching and attacking by using force, intimidation, threat or abuse of authority. Sexual Harassment is a civil term that does not have an equivalent in Criminal Law. The criminal harassment regime under the Criminal Code does specify that the harassment in question has to be of a sexual nature.
3) What is consent to sexual activity? Can a person give consent if he/she is intoxicated by drugs or alcohol?
According to Section 273.1 (1) of the Criminal Code of Canada, consent is the voluntary agreement to engage in sexual activity. There a variety of scenarios that that define ‘non-consent’. They include but are not limited to:
- You don’t agree.
- Incapable to consent due to intoxication caused by alcohol or drugs, passing out, under age.
- Indicated verbally or with action that you don’t want to engage in sexual activity.
- Agreed at first, but later indicated that you don’t wish to continue.
- Persuaded to take part in the sexual activity because of the assaulter’s position, trust, authority or power.
The above statements define non-consent. Therefore, if a person is intoxicated by drugs or alcohol, they’re unable to agree to engage in sexual activity.
4) Can a spouse or partner be charged with sexual assault?
Yes. The police can charge your partner or spouse if you report that they have sexually assaulted you. Many people hesitate in coming forward to speak against their partners, but ending an abusive relationship is the best solution for your safety.
5) What will be the punishment imposed on the person found guilty of sexual assault?
According to Section 271 of the Criminal Code of Canada, a person who commits a sexual assault will be guilty of:
(a) An indictable offence whereby the accused is liable to imprisonment for a maximum term of 10 years. If the complainant is less than 16 years of age, they will be liable to imprisonment for a maximum of 14 years, with a minimum punishment of one year, or
(b) An offence punishable on summary conviction is liable to imprisonment of 18 months or, if the complainant is less than 16 years of age, the guilty person will be liable to imprisonment of not more than 2 years less a day and the minimum punishment is imprisonment of six months.
Sexual assault is a serious issue that needs to be stopped. To prevent this criminal offence, it is necessary to understand the laws that define consent and raise awareness. If you want to learn more about this criminal offence or hire an experienced lawyer for your case, contact Harpreet Saini, a criminal lawyer in Brampton.