|
Definitions Sexual Assault is a crime of brutality and/or intimidation. Sexual assault is ANY act that invades an individual’s sexual privacy. Sexual assault may range from verbal obscenities to rape. It is an act of power and control over the victim. Sexual assault is a crime of violence because the victim is subjected to the aggression of the assailant. It is NOT a crime of sex. The feelings associated with sexual assault are disgust, shame, humiliation and powerlessness. It not only violates someone physically but may also affect a person’s sense of safety and ability to control his/her own life. Simple Sexual Assault is found in section 271 (1) of the Criminal Code. It is considered to be any attack of a sexual nature (i.e. kissing, touching, intercourse, etc.) in which force (i.e. coercion, threats of harm to victim or victim’s loved ones, physical harm, etc.) is used. No physical injury is necessary to prove that an offence has occurred. When tried as an indictable offence,Simple Sexual Assault carries a maximum penalty of 10 years imprisonment. Sexual Assault With a Weapon, Threats to a Third Party or Causing Bodily Harm is found in section 272 of the Criminal Code. There may be more than one assailant and/or the assailant uses, carries, or threatens to use, a weapon (imitation or real) during the commission of the offence. It also includes sexual assaults in which the assailant threatens to harm, or actually causes harm, to a third person. The maximum penalty for Sexual Assault With a Weapon, Threats to a Third Party or Causing Bodily Harm is 14 years imprisonment. Aggravated Sexual Assault is found in section 273 (1) of the Criminal Code. It is a sexual assault in which the victim is wounded, maimed, disfigured, brutally beaten, or in danger of losing her/his life. The maximum penalty for Aggravated Sexual Assault is life imprisonment. Historical Sexual Assault is a term commonly used by service providers to describe a sexual assault that has occurred in the distant past. Criminal Harassment (STALKING) is found in section 264 of the Criminal Code. It prohibits the following conduct from occurring:
2) Repeatedly communicating with a specific person or someone connected to him/her. 3) Watching a residence, place of work, etc. where a specific person lives or works or doing the same to someone connected to that person. 4)Engaging in threatening conduct directed at a specific person or anyone connected to that person. If any of these activities causes a person to fear for their safety or the safety of anyone connected to him/her, it is considered to be a criminal harassment and is a criminal offence. Sexual Harassment is any behaviour, comment or gesture of a sexual nature which is deemed to be offensive. It is unwanted behaviour that makes the receiver feel uncomfortable. It can be coercive or subtle in nature. Sexual harassment is an abuse of power and is often used as a way of controlling or intimidating someone. Sexual harassment can happen in schools, universities, workplaces or even on the street. Some examples of sexual harassment would be… threats/intimidation, untrue sexual comments said about a person, remarks about a person’s sexual identity (i.e. gay bashing), displaying sexist or demeaning pictures, etc. Incest is a type of sexual assault in which the perpetrator is a parent, sibling, or any other family member. This list also includes step-parents, common-law partners, boyfriends of relatives, etc. Date/ Acquaintance Sexual Assault (Date Rape) In many cases of sexual assault, the offender is dating the victim/survivor when the assault(s) occur. This is commonly called date rape. In other cases the offender is someone known to the victim/survivor. This is known as acquaintance rape. These crimes tend to be ignored, denied or not treated as seriously as other sexual assaults because the offender is known by the victim/survivor. Stranger Rape involves being attacked and sexually assaulted by someone you do not know. Gang Rape is being sexually assaulted by more than one person during the assault. Child Abuse refers to the physical, sexual or emotional abuse of a person under the age of sixteen. It may also include situations in which a child is being neglected or exposed to violence in the home.
Sexual Exploitation occurs when one person takes advantage of the sexuality and/or attractiveness of another person to make a personal gain (i.e. pornography, prostitution, media advertising). Psychological Sexual Violence involves being controlled by someone else because of threats of sexual violence (i.e. “if you date someone else I will rape you” or “If you break up with me I’ll rape your younger sister”, etc.) Marital Rape IS sexual assault. It is any sexual activity that is performed (by a legal spouse) or caused to be performed, without the consent of the other spouse. It is a criminal offence. Same Sex Sexual Assault occurs when a man forces another man or a woman forces another woman into unwanted sexual activity. Gay Bashing is emotional, physical, or sexual violence committed against people because they are, or are perceived to be, gay or lesbian. Heterosexist control is the threat to expose someone for being a lesbian, gay, or bisexual to family, friends, coworkers, etc. Ritual Abuse involves abuse of children, adolescents, and adults, consisting of sexual, physical and psychological abuse, and involving the use of rituals. Summary offence: In relation to sexual assault crimes, an offence punishable by a prison term not exceeding 18 months. Indictable offence: In relation to sexual assault crimes, an offence punishable by a prison term exceeding 18 months, and up to and including life in prison. |