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
Level 1 – Sexual Assault
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
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)
Evidence of sexual reputation not permitted to challenge or support the credibility of complainant.