In the Canadian Criminal Code, sexual assault law is defined under Section 271 as any non-consensual sexual activity or touching that violates the sexual integrity of an individual. The specific definition may vary depending on the circumstances and the nature of the offense.
Sexual Assault Law in Canada
Here is a general overview of the provisions related to sexual assault in the Canadian Criminal Code:
Section 271(1): Sexual Assault– It is an offense to intentionally apply force to another person without their consent for a sexual purpose. The section covers a wide range of non-consensual sexual acts, including but not limited to penetration, oral sex, or any other sexual touching.
Section 271(2): Consent – The Criminal Code defines consent as the voluntary agreement of the complainant to engage in sexual activity. The law specifies that consent must be active, ongoing, and given freely without any threats, force, or fraud.
Section 273.1: Aggravating Factors – This section lists various factors that may increase the seriousness of the offense and affect the sentencing. These factors include the use of a weapon, causing bodily harm, or being in a position of trust or authority over the complainant.
Section 273.2: Consent to Sexual Activity – This provision clarifies that a person cannot give consent if they are incapable of doing so due to factors such as being unconscious, impaired by drugs or alcohol, or under the age of consent.
It’s important to note that the Canadian Criminal Code also addresses other sexual offenses, such as sexual assault with a weapon, aggravated sexual assault, and various offenses related to the exploitation of children and vulnerable individuals. The law treats sexual assault as a serious criminal offense, and perpetrators can face significant penalties upon conviction, including imprisonment.
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