Canada has a broad definition of sexual assault. It includes all unwanted sexual activity, such as unwanted sexual grabbing, kissing, and fondling as well as rape. Sexual activity is only legal when both parties consent. The law focuses on what the person was actually thinking and feeling at the time of the sexual activity. Sexual touching is only lawful if the person affirmatively communicated their consent, whether through words or conduct. Silence or passivity does not equal consent.
All rights reserved. Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. The Supreme Court of Canada held that 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. When investigating a sexual assault, there are certain relevant factors to consider:. The victim of the sexual assault can be man or woman and the attacker can be of the same sex as the victim. A spouse may be charged with sexual assault upon the other spouse. 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.
Sexual assault is an act in which a person intentionally sexually touches another person without that person's consent , or coerces or physically forces a person to engage in a sexual act against their will. Generally, sexual assault is defined as unwanted sexual contact. Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually a sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.
A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who. The penalty shall be imprisonment for a term of between three and 15 years if the sexual assault as specified in section included:. Aggravated sexual assault is punishable by imprisonment for a term not exceeding 21 years. The same applies if the offender has previously been convicted of acts specified in sections , or In determining whether the sexual assault is aggravated, particular weight shall be given to whether.