Sexual Assault In Canada

One of the most important human rights issues facing Canadians today is the high rate of sexual assault against women. Sexual assault against women acts as a barrier to gender equality and stands in the way of human rights and fundamental freedoms. Sexual assault can be any unwanted physical contact or menacing of a sexual nature or in a sexual situation, done intentionally or recklessly without permission. It includes attempts and threats of unwanted sexual contact. Sexual assault can cover actions range from kissing or sexual touching to sexual act. Sexual assault is a criminal offense even though the victim does not have any physical injuries. Sexual assault in Canada is gendered and socially-patterned. Women are more likely to experience

This allows them to treat women and the targeted victim with no regard or respect. In 1983, the terms rape and immoral assault were replaced with a three-tier structure of sexual assault within the Criminal Code of Canada. One of the reasons for the re-categorization was to change acts of sexual violence as “assaults”, drawing attention to their physical and violent nature. Moreover, the term sexual assault was chosen in order to better combine sexual offenses beyond forced penile-vaginal acts (e.g., unwanted sexual touching) and to be gender inclusive (e.g., not all victims are female). Other important changes to the criminal code included limits placed on the consistency of a victim’s previous sexual history and the removal of freedom for sexual assault by a spouse. An additional purpose of advencing the criminal definition was to encourage victims to come forward to police, regardless of the harshness of the sexual assault. Sexual assault is any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, and divides into three levels in Canada; simple sexual assault, sexual assault with a weapon, and aggrevated sexual

It is considered to be any attack of a sexual nature such as kissing, touching, and intercourse in which force is used. Physical injury is not 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. R. v O’brien, 2017 SKQB 88 and R v Martell, 2012 SKP cases relate to simple sexual assault also demonstrates the charges given to the offenders that commit simple sexual assault. As a matter of fact, on June 15, 2016 the victim went to the home of Mr. O’Brien. The two had been involved in an incident. Mr. O’Brien tried to hug and kiss the victim and she told him that she did not want him to do that. She then went to the bathroom for 15 to 20 minutes. After she returned he lifted her up and put her on the bed, which was in the same room. He tried to hug and kiss her and attempted to undo her pants. She pushed him off and told him “no”. The victim started to kick Mr. O’Brien and Mr. O’Brien then put his hands around her neck for approximately 5 to 10 seconds. He then stopped and removed his hands of his own accord. This left redness around her neck. Mr. O’Brien told the victim he was sorry and asked the victim not to tell anyone. The victim then left his residence. Mr. O’brien then had arrested and served roughly a total of 14.3 months in custody. Moreover, in the second case the offender and the victim were