Sexual assault is a criminal offence governed by Sections 271 to 273 of the Criminal Code of Canada. These provisions define sexual assault and outline its various forms. Sexual assault laws in Canada are
designed to protect individuals from non-consensual sexual acts and to address a range of behaviours involving sexual contact without consent.
Sexual assault is any form of sexual contact or activity that occurs without the explicit and voluntary consent of the individual involved. It is broadly defined as an assault of a sexual nature. Assault involves the intentional application of force to another individual, either directly or indirectly, without consent or an attempt/threat to apply force. Sexual nature is the act of violating the sexual integrity of an individual.
Some Key Elements
- Non-consensual: The act must occur without the individual’s freely given consent. Consent must be affirmative, ongoing, and voluntary, and cannot be obtained through coercion, fraud, or abuse of authority.
- Sexual context: The act must have a sexual purpose or be perceived as violating an individual’s sexual integrity
- Intent: The accused must have intentionally committed the act, though they do not need to have a sexual motive - only the act itself needs to be of a sexual nature.
Types of Sexual Assault Offences
The Criminal Code of Canada outlines several related offences.
- Section 271 - Sexual Assault: Covers any non-consensual sexual contact.
- Section 272 - Sexual Assault with a Weapon, Threats to a Third Party, or Causing Bodily Harm: Involves aggravated circumstances, such as using a weapon or causing injury.
- Section 273 - Aggravated Sexual Assault: Involves wounding, maiming, disfiguring, or endangering the life of an individual.
- Installation of an ignition interlock device.
If convicted of a sexual assault related charge, individuals may face registration on the National Sex Offender Registry – Sex Offender Information Registration Act (SOIRA).
For more information on sexual assault related offences, please contact us now for a confidential
consultation.
Sexual interference and invitation to sexual touching are outlined in Sections 151 and 152 of the Criminal Code of Canada and addresses sexual crimes involving individuals under the age of consent. These offences are distinct from general sexual assault, but are closely related, focusing on protecting children
from sexual exploitation.
Under Section 151 of the Criminal Code of Canada, sexual interference is described as every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or an object, any part of
the body of a person under the age of 16 years is guilty of an offence.
To establish sexual interference, the Crown must prove:
- Touching: The accused intentionally touched the victim, either directly or indirectly.
- Sexual Purpose: The touching was for a sexual purpose, determined by the nature of the act, the context, and the accused’s intent. The act does not need to involve sexual gratification but must have a sexual element.
- Victim’s Age: The victim must be under 16 years old at the time of the offence. The age of consent for sexual activity in Canada is 16, with exceptions for close-in-age relationships.
- Intent: The accused must have intended the touching and acted with a sexual purpose.
Under Section 152 of the Criminal Code of Canada. Invitation to sexual touching is described as 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 an object, the body of any person, including the
accused or the complainant, is guilty of an offence.
To establish invitation to sexual touching, the Crown must prove:
- Invitation or Encouragement: The accused actively invited, counselled, or incited the complainant to engage in touching. This can include verbal requests, gestures, or written communication.
- Sexual Purpose: The invitation must be for a sexual purpose, meaning the touching would have a sexual element or violate the victim’s sexual integrity.
- Victim’s Age: The victim must be under the age of 16 at the time of the offence.
- Touching: The invitation must involve touching, either of the victim’s body, the accused’s body, or another person’s body, directly or indirectly.
- Intent: The accused must have intended to make the invitation for a sexual purpose.
For more information on sexual interference or other sexual assault related offences, please contact us
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Sexual exploitation, as described in Section 153 of the Criminal Code of Canada, is when a person in a
position of trust or authority, or with whom a young person is in a relationship of dependency, engages in
sexual activity with a young person. This offence is distinct from sexual assault because it specifically
addresses the abuse of power dynamics involving minors who are above the general age of consent, but
below the age of consent for relationships involving trust, authority, or dependency.
Every person commits an offence who is in a position of trust or authority towards a young person, or is a person with whom the young person is in a relationship of dependency, and who:
- (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or 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 an object, the body of any person, including the accused.
To establish the offence of sexual exploitation under section 153 of the Criminal Code of Canada, the Crown must prove the following beyond a reasonable doubt:
- Age of the Victim: The victim must be a young person, defined as someone who is 16 or 17 years old at the time of the offence. For individuals under 16, other offences like sexual interference under section 151 may apply.
- Position of Trust or Authority: The accused must be in a position of trust or authority or in a relationship of dependency with the young person.
- Sexual Purpose: The act must be for a sexual purpose, either directly or indirectly.
- Valid Consent: Consent is not a valid defence in cases of sexual exploitation under Section 153, as the law presumes that a young person cannot freely consent to sexual activity with someone in a position of trust, authority, or dependency due to the power imbalance.
- Intent: The accused must have intended to make the invitation for a sexual purpose.
For more information on sexual exploitation or other sexual assault related offences, please contact us
now for a confidential consultation.
Voyeurism is defined under Section 162(1) of the Criminal Code of Canada as the act of surreptitiously
observing or recording a person, in circumstances where they have a reasonable expectation of privacy,
for a sexual purpose, or in a manner that violates their privacy.
The Crown must prove the following elements beyond a reasonable doubt:
- Surreptitious Act: The observation or recording was done secretly, without the knowledge or consent of the person being observed or recorded.
- Reasonable Expectation of Privacy: The person was in a place or situation where they had a reasonable expectation of privacy.
- Sexual Purpose or Violation of Privacy: The act was done for a sexual purpose or it involved nudity or sexual activity in a way that violates the victim’s privacy.
- Intent: The accused acted intentionally, knowing the observation or recording was non- consensual and surreptitious.
For cases involving distribution, the prosecution must also prove the accused knowingly shared or made
the recording available.
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Section 173(1) of the Criminal Code of Canada outlines the offence of indecent acts. A person commits
an indecent act if they wilfully perform an act in a public place in the presence of one or more persons, or
perform an act in any place with the intent to insult or offend any person, and the act is deemed indecent.
Section 173(2) of the Criminal Code of Canada covers exposure, where a person exposes their genitalia
to a person under the age of 16 for a sexual purpose, either in public or a private place.
The Crown must prove the below elements beyond a reasonable doubt to establish the offence of an
indecent act.
- Act: The accused performed a specific act.
- Indecent Nature: The act must be objectively indecent, meaning it offends community standards of tolerance.
- Wilfulness: The act was done intentionally or recklessly, with the accused knowing or being wilfully blind to its indecent nature.
- Location or Intent: The act occurred in a public place in the presence of others, or the act occurred in any place with the specific intent to insult or offend an individual.
For exposure related offences under Section 173(2) of the Criminal Code of Canada, the elements
include:
The accused exposed their genital organs, the exposure was to a person under 16 years of age, and the
exposure was for a sexual purpose.
For more information on sexual exploitation or other sexual assault related offences, please contact us
now for a confidential consultation.
Any individual who intentionally produces, publishes, possesses, accesses, distributes, or circulates any
child pornography may be convicted of a child pornography related offence.
Section 163.1(1) of the Criminal Code of Canada defines child pornography as:
- (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
- (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity.
- (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years.
- (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;
- (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
- (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
Making Child Pornography
Making child pornography includes, but is not limited to, producing, making, and creating child
pornography. This is a serious offence with the possibility of severe penalties, including imprisonment.
Distribution of Child Pornography
Distribution of child pornography includes, but is not limited to, transmitting, selling, trading, or making
child pornography through any available means, including electronic communications. This is a serious
offence with the possibility of severe penalties, including imprisonment.
Possession of Child Pornography
Possession of child pornography, either physically or electronically may be a criminal offence. Penalties
vary depending on the circumstances of the case.
Accessing Child Pornography
Accessing child pornography, either physically or electronically may be a criminal offence. Penalties vary
depending on the circumstances of the case.
For more information on child pornography or other sexual assault related offences, please contact us
now for a confidential consultation.