Fed Law - Sexual Assault

Question 1

Sexual Assault
DEFN
(4)

Answer 1

1 - An assault
2 - Sexual in nature
3 - Violates the sexual integrity of victim
4 - General intent offence - does not have to be for sexual purpose

Question 2

Unwanted Sexual Touching
3 Elements to Prove
VSA

(Actus Reus)

Answer 2

1 - Voluntary touching occurred (objective)
2 - Sexual Nature (objective)
3 - No consent (subjective)

Question 3

Level 1 Sexual Assault

Sexual Assault
s. 271

Answer 3

Level 1 - Sexual assault, includes grabbing, groping, touching, brushing against, penetration

Question 4

Sexual Assault

Level 2
s. 272
With Weapon/CBH

Answer 4

• Chokes, suffocates, strangles, carries/threatens to use weapon or imitation, party to the offence

Question 5

s. 271(1)(d)

Party to the Offence

Answer 5

• 2 or more persons
• commit
• aids a person to commit
• abets a person in committing
• common intention to commit

Question 6

Sexual Assault Level 3

s. 273
Aggravated Sexual Assault

Answer 6

Wounds, Maims, Disfigures, Endangers life

Question 7

Consent

Age
s. 150.1(1)

Answer 7

No consent obtained when a person is

UNDER 16

Question 8

Consent - Assault but applicable to sexual assault)
(4)

s. 265(3)

Answer 8

No consent obtained when:
1- force to complainant or another
2 - Threats or fear of force
3 - Fraud
4 - Exercise of authority

Question 9

Consent

s. 273.1

Answer 9

Consent is a voluntary agreement of the complainant to engage in sexual activity, at the time the sexual activity takes places, and there is ability to remove consent at any time

Question 10

s. 273.1(2)

No Consent Obtained when:
5

Answer 10

1 - Someone other than complainant consents (pimp)
2 - complainant INCAPABLE of consenting (drugs/alcohol)
3 - Induced by person in position of TRUST or Authority
4 - Complainant REFUSES consent
5 - Complainant WITHDRAWALS consent

Question 11

Mistaken Belief in Consent

s. 273.2

Answer 11

Cannot be used as defence if it arose from:

• self induced intoxication
• recklessness of wilful blindness
• party must take reasonable steps to ascertain that complainant was consenting

Question 12

Consent does not come from:

6

Answer 12

1 - Silence
2 - Passivity
3 - Ambiguous conduct
4 - Cannot do anything once consent is withdrawn
5 - No such thing as implied consent
6 - No such thing as advanced consent