Sexual Assault

Question 1

Definition of Sexual Assault

Answer 1

(1) An assault
(2) of a sexual nature
(3) violates sexual integrity of victim
(4) does not have to be for a sexual purpose

Question 2

What are the 3 elements to prove for sexual assault?

Answer 2

Actus Reus - unwanted sexual touching
Mens Rea - Intent

(1) voluntary/intentional touching occurred (objective)
(2) sexual nature (not purpose) of the touching (objective)
(3) absent consent (subjective)

Question 3

Level 1 sexual assault includes?

Answer 3

(1) grabbing
(2) groping
(3) touching
(4) brushing against
(5) tearing clothes
(6) penetration

Question 4

Sexual assault you must consider what?

Answer 4

(1) part of body touched
(2) nature of contact
(3) situation
(4) words, gestures surrounding contact

Question 5

Sexual Assault - Level 2

Answer 5

(1) carries, uses or threatens to use a weapon or imitation
(2) bodily harm
(3) threatens bodily harm to 3rd person
(4) chokes, suffocates or strangles
(5) party to the offence

Question 6

Party to the offence definition

Answer 6

(1) 2 or more persons
(2) commit
(3) aides to commit
(4) abets to commit
(5) common intention to commit

Question 7

Sexual Assault - Level 3 aggravated

Answer 7

(1) wounds
(2) maims
(3) disfigures
(4) endangers life

Question 8

Age of consent for sexual activity?

Answer 8

16 years

Question 9

What constitutes sexual activity?

Answer 9

(1) consent is subjective to the complainant’s state of mind

(2) sections of the CC that define when consent is not obtained

Question 10

s. 265(3) - No Consent (sexual assault)

Answer 10

(1) application of force
or threats or fear of the application of force
(3) fraud
(4) exercise of authority

Question 11

s. 273.1 - Consent

Answer 11

(1) consent is the voluntary agreement
(2) must be present at time
(3) consent is a question of law

Question 12

s. 273 Consent - No consent is obtained when?

Answer 12

(1) someone other than complainant consents
(2) unconscious
(3) incapable of consenting
(4) person in a position of authority
(5) refuses consent
(6) withdraws consent

Question 13

s. 273 - Mistaken belief in consent - cannot be used as a defense if it arose from?

Answer 13

(1) self induced intoxication
(2) recklessness or wilful blindness
(3) any circumstance from 265/273 where consent is obtained

***party must take reasonable steps to ascertain party consenting

Question 14

Consent does not come from?

Answer 14

(1) silence
(2) passivity
(3) ambiguous conduct
(4) cannot test waters if consent withdrawn

***no such thing as implied consent or advanced consent