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Law 12 7.4. I can…. Describe the three levels of Sexual Assault Identify and describe the role of consent in sexual assault with regards to age, intoxication, the use of threats and fear. Describe implied consent and the rape shield law. Sexual Assault. 3 Levels Level 1 – Sexual Assault

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Presentation Transcript
i can
I can…
  • Describe the three levels of Sexual Assault
  • Identify and describe the role of consent in sexual assault with regards to age, intoxication, the use of threats and fear.
  • Describe implied consent and the rape shield law
sexual assault
Sexual Assault

3 Levels

Level 1 – Sexual Assault

  • Sexual touching without consent
  • Hybrid offence (10 yrs or 18 months)
slide4

Level 2 - Sexual Assault with a weapon, threats to a third party, or causing bodily harm

A Person . . .

a) carries, uses or threatens to use a weapon or imitation weapon;

b) threatens to cause bodily harm to a person other than the complainant (ex.?);

c) causes bodily harm

  • Max 14 years
slide5

Level 3 - Aggravated Sexual Assault

  • wounds, maims, disfigures, or endangers life
  • Life in prison

Elements of the offence for all 3 levels:

Actus Reus – sexual touching without consent

Mensrea – knowledge that victim didn’t give consent, recklessness, willful blindness (avoid asking if consent is given)

consent
Consent?
  • Consent not a defence where victim is . . .
    • age 12 or 13, unless accused is less than 2 years older
    • Age 14 0r 15, unless accused is less than 5 years older
  • Don’t have to resist to deny consent (fear may prevent resistance)
  • Spouse may charge spouse
slide8

Evidence of sexual reputation not permitted to challenge or support the credibility of complainant.

  • Judge may enter some evidence of sexual activity if deemed relevant
  • Personal records of complainant allowed
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