Sex Assaults Flashcards
What is Sexual Interference?
s. 151
- every person
- for a SEXUAL PURPOSE
- touches DIRECTLY OR INDIRECTLY
- with a part of the body or an object
- any part of the body UNDER 16 YEARS
What is invitation to sexual touching?
s.152
- every person
- for a SEXUAL PURPOSE
- INVITES, COUNSELS or INCITES
- formal/informal request, guiding, persuading/encourage
- person UNDER 16 YEARS
- to touch DIRECTLY OR INDIRECTLY
- with a part of the body or an object
- the BODY OF ANY PERSON
- offender invites child to touch ANYONE
- guiding child to touch themselves or
someone else (online)
What is the exemption for sex offences involving children?
a 12 or 13 year old CANNOT BE CHARGED for sexual interference or invitation to sexual touching UNLESS:
- in a position of trust or authority
- relationship of dependancy
- relationship is exploitative
Sexual Exploitation 16/17 year old victims?
s.153(1)
- for a SEXUAL PURPOSE
- asme facts in issue as sexual interference or invitation to sexual touching
- YOUNG PERSON - defined as 16 years of age to under 18 years of age
- offender must be in one of the DEFINED RELATIONSHIPS
- person in a position of TRUST OR AUTHORITY towards a young person
- relationship of DEPENDANCY with a young
person
- relationship is EXPLOITATIVE of the young
person
What is presumption of exploitative relationship?
- age of the young person
- age difference b/w the person and young person
- evolution of the relationship
- degree of control or influence by the person over the young person
Consent under 16?
if complainant under UNDER 16 years of age no defence that complainant consent
What is the close in age exemption?
consent if a defence for sexual activity with a 14 OR 15 YEAR OLD person when:
- there is consent
- there is less than 5 YEARS AGE DIFFERENCE
AND
- not in a position of trust or authority, not in a relationship of dependancy, not exploitative
child under 12 CANNOT CONSENT AT ALL
What is the mistake of age defence?
- accused can use this defence if they TOOK ALL REASONABLE STEPS to determine the age of the complainant
Reasonable Steps
- where did they meet? at the bar vs. at a park
- social media, what school they go to, did you ask
Ex. 22 year old guy has sex with 15 year old girl
Charges: Sexual Interference, Sex Assault (she cannot consent)
Mistaken Age: he shows you that she texted him her mcmaster student card (reasonable steps)
What is an indecent act?
- everyone who WILLFULLY does an indecent act
- in a public place, PRESENCE OF 1 OR MORE PERSONS
OR - in any place intent to insult or offend
- NO SEXUAL PURPOSE requirement
summary - max 6 months, indictable - max 2 years
What is indecent exposure?
- any person
- for a sexual purpose
- exposes his/her genitals
- TO A PERSON UNDER 16 YEARS
- dual procedure:
- summary min 30 days - max 6o months
- indictment min 90 days - max 2 years
What is the definition of a sex assault?
- circumstances of a sexual nature (not done for a sexual purpose)
- violates the sexual integrity of the victim
- general intent - not just a sexual purpose
What is the actus reus for unwanted sexual touching?
VSA
- voluntary touching occurred
- sexual nature of the touching
- absent consent
What is level 1 sex assault?
s. 271
- grabbing
- groping
- touching
- brushing against
- tearing clothes
- penetration
MUST CONSIDER
- the part of the body touched
- the nature of the contact
- the situation
- words and gestures surrounding the contact
What is R v Higginbottom
- asked a 12y/o boy if he would perform fellatio on him for $10
- the boy refused
- Higginbottom punched him in the face
*sex assault
What is level 2 sex assault w/ a weapon/bodily harm
s.272
- carries, uses or threatens to use a weapon or imitation
- bodily harm to complainant
- threatens bodily harm to third party
- chokes, suffocates or strangles
- bondage
- female becomes preg from assault
- firearm involved straight indictable
- party to the offence
What is party to the offence?
- 2 or more persons
- commit
- aids a person to commit
- abets (encouraging) a person in committing
- common intention to commit
don’t charge someone for not intervening
What is level 3 Aggravated Assault?
s.273
- wounds
- maims
- disfigures
- endangers life
What are the rules for consent?
- age of consent = 16y/o (changed in 2008)
- consent is subjective to the complainants state of mind
- no consent is obtained when
- application of force
- threats or fear of the application of force
- fraud (pretends to be doctor, says they are
wearing a condom then takes it off) - exercise of authority
When is consent not obtained?
- someone other than the complainant consents
- complainant is unconscious
- complainant is incapable of consenting
- induced by person in position of trust or authority
- refuses consent (words or conduct)
- withdraws consent (words or conduct)
What is mistaken belief in consent?
Cannot be used as a defence if it arose from:
- self- induced intoxication (can’t say you
didn’t know they didn’t consent)
- recklessness or willful blindness
- Party must take reasonable steps to ascertain that complainant was consenting
- cannot be sued if there is no evidence that a persons voluntary consent was expressed by words or actively expressed by conduct
What is implied/advanced consent?
CONSENT DOES NOT COME FROM
- silence
- passivity
- ambiguous conduct
- cannot test the waters once consent withdrawn
NO SUCH THING AS IMPLIED OR ADVANCED CONSENT
What is historical sexual assault?
- happened 1 or more years ago
- the laws that are applied are the ones in effect at the time of the assault
- Ex; its 2024; reported sex assault from 1980-
1980 laws apply
- Ex; its 2024; reported sex assault from 1980-
Luring
s.172.1
By means of TELECOMMUNICATION communicates with:
- person accused knows or believes is under 18, 16 or 14 years of age
- Purpose of FACILITATING one of the specified offences
does not have to be committed - purpose for facilitating
Specified Offences under 18 Include
- sexual exploitation (16-17 year olds)
- Incest
- child pornography
- parent or guardian procuring sexual activity
- householder permitting prohibited sexual activity
- trafficking of person under 18
- Material benefit – trafficking of persons under 18 s. 279.02(2)
- Withholding or destroying documents – trafficking of persons under 18 s. 279.03(2)
- Obtaining sexual services of person under 18 s. 286.1(2)
- Material benefit from sexual services provided by person under 18 s. 286.2(2)
- Procuring - person under 18 s. 286.3(2)
