Comparatively, sexual assault charges arise anytime there is
an assault of a sexual nature, regardless of the age of the complainant.
Other
assaults of a sexual nature are included as crimes under this legislation as well.
Not exact matches
For women in labour, the
assault is often
sexual due to the
nature of the procedures being forced on them.
In the midst
of all that he thwarts homophobia claims about Will Ferrell and Kevin Hart to take an alternate view
of the progressive
nature of what their film says about
sexual assault.
The judge concluded that the celebrity's own ongoing civil claims
of sexual assault in a separate proceeding posed a possible bias in the case at hand, which involves serious criminal charges
of a
sexual nature.
Another notable change contemplated by Bill 132 is an amendment to the Limitations Act which would eliminate the limitation period for a person to commence a proceeding based on a
sexual assault or, in specified circumstances, on other misconduct
of a
sexual nature or on
assault.
Sexual assault which may fall within your criteria of «serious» and all other offences of a sexual nature carry an extreme life - changing stigma and consequ
Sexual assault which may fall within your criteria
of «serious» and all other offences
of a
sexual nature carry an extreme life - changing stigma and consequ
sexual nature carry an extreme life - changing stigma and consequences.
The judge or justice must also take the following factors into consideration when making their determination; the extent to which the records are required for the accused to make a full and complete defense, the probative value
of the records, the
nature and extent
of the reasonable expectation
of privacy with respect to the personal information contained in the record, whether production
of the record is based on a discriminatory belief or bias, the potential prejudice to personal dignity the complainant or witness will experience if the record is produced, society's interest in encouraging individuals to obtain treatment after being sexually
assaulted, society's interest in encouraging
sexual assault victims to report the
assault and the effect
of the determination on the integrity
of the trial process.
Improve training for police, Crown, and judiciary to better respond to
sexual assault, having regard to the unique
nature of sexual assault and the myths and stereotypes about
sexual assault, in order to repair survivors» relationship with the criminal justice system and encourage reporting.
The Limitations Act, 2002: There would be no limitation period with respect to proceedings based on
sexual assault or, in specified circumstances, on other misconduct
of a
sexual nature or on
assault.
Based on the statement
of the mother, there appeared to very limited opportunity to have committed any
of the alleged
sexual assaults and more importantly when comparing the circumstances as described by the mother and the complainant, as to the
nature of the relationships, the allegations seemed highly implausible.
Also sometimes referred to as a drug - facilitated
sexual assault since it involves cases in which drugs or alcohol are used to rape an individual, date rape is doubly abhorrent to prosecutors and jurors because
of the highly personal
nature of the
assault.
Section 271
of the Criminal Code outlines the offence
of sexual assault as an
assault that is
sexual in
nature and violates the
sexual integrity
of the victim.
The main differences between
sexual assault and
sexual interference are the age
of the complainant and the
nature of the
sexual contact.
The judge shall take the following factors into consideration: the probative value
of the records, the extent to which the records are needed for the accused to make a full defense, whether production
of the record is based on a discriminatory belief or bias, the
nature and extent
of the reasonable expectation
of privacy with respect to the information contained in the record, the potential prejudice to personal dignity the complainant or witness would suffer if the record was produced, society's interest in encouraging
sexual assault victims to come forward, society's interest in encouraging individuals to obtain treatment after being sexually
assaulted and the effect
of the determination on the integrity
of the trial process.
In fact, the explicit absence
of any time - bar in which to sue has been expanded in Ontario beyond «
sexual assault» (i.e., where there has been actual physical contact
of a
sexual nature) to «any other misconduct
of a
sexual nature» if it involved a minor or occurred in a relationship
of inequality or dependency.
Practically speaking, however, victims are much better off leading evidence to prove the
nature and extent
of their emotional and other harms if they want to maximize their compensation, and this is generally what happens in a civil
sexual assault case.
The majority disagreed with the Crown's contention that «mild
sexual touching» could be dealt with using the de minimus doctrine, stating that «Without suggesting that the de minimus principle has no place in the law
of sexual assault, it should be noted that even mild non-consensual touching
of a
sexual nature can have profound implications for the complainant» (at para. 63).
These maximum sentences suggest that
sexual assaults including choking should be seen as being at least as serious as
sexual assault with a weapon, «although
of course each situation must be assessed on its own circumstances and having regard to the
nature and extent
of the choking and the
nature and involvement
of the weapon» (at para 96).
It is part
of the role
of this Court to denounce this kind
of language, unfortunately still used today, which not only perpetuates archaic myths and stereotypes about the
nature of sexual assaults but also ignores the law.
Her opinion relied heavily on the statistics
of the pervasive
nature of sexual assaults, demonstrating the highly gendered
nature of the offence, and emphasized how violence against women was itself a conception
of human rights protected by ss.
Courts across Canada have repeatedly recognized the serious and often devastating and long term
nature of the harms caused by
sexual abuse and
assault.
There are a number
of different charges in the Criminal Code that cover different types
of specific conduct, but at its core a
sexual assault, in law, is an
assault (usually touching
of some kind) that is
sexual in
nature and to which the complainant did not consent.
In my opinion, Mabior is a marked improvement over Cuerrier both because it is much more systematic in its approach; and because it more fully considers the parameters
of consent; the special
nature of sexual assault; and the vital importance
of safeguarding personal autonomy.