Sexual Assault/Sexual Offences

SEXUAL ASSAULT IS ANY SEXUAL CONTACT OR INTERACTION THAT YOU DID NOT AGREE TO.

Which can include any form of sexual contact (unwanted touching, forced kissing, forced sex, threats of sexual violence, etc.). It may have happened to you in the past, or it may have happened recently. Sexual assault is never justifiable.

Victims of sexual violence may experience physical, emotional, psychological, and sexual impacts. It is important to know your rights and access support.

Offence

Definition

Sexual assault level 1 (s. 271):

An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.

Sexual assault level 2 (s. 272):

Sexual assault with a weapon, threats, or causing bodily harm. Threats to a third party.

Aggravated sexual assault (level 3):

Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim.

Age Specific sexual offences:

Offence

Definition

Sexual Interference (s. 151)

Every person who, sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

Invitation to Sexual Touching (s. 152)

Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years.

Sexual Exploitation (s. 153)

Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

Offence

Definition

Incest (s. 155)

Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

Anal Intercourse (s. 159)

Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment. The actual act of anal intercourse itself is not illegal per se, as long as it is consensual, legal, and conducted between adults. 

Voyeurism (s. 162)

Criminalizes the act of surreptitiously observing or making visual recordings of individuals in situations that give rise to a reasonable expectation of privacy, including when a person is nude or engaged in explicit sexual activity. This may include non-consensual distribution of intimate images.

Trafficking a Person 

(s. 279.01 (1))

 

Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence;.

Exploitation (s. 279.04 (1))

 

person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.

Sexual offences cont.

 

CRIMINAL CODE OF CANADA (criminal-code.ca)