Canadian Criminal Law/Offences/Aggravated Sexual Assault

Proof of Offence

 * 1) Elements of Sexual Assault:
 * 2) the accused assaulted the victim (e.g. non-consentual touching)
 * 3) the sexual nature of the contact;
 * 4) the absence of consent;
 * 5) the age of the complainant;
 * 6) the age of the accused;
 * 7) the relationship between the complainant and accused;
 * 8) medical evidence (if any)
 * 9) Elements of Aggravated Assault:
 * 10) the injuries amounted to the victim being (See Injuries):
 * 11) wounded,
 * 12) maimed,
 * 13) disfigured, or
 * 14) had life endangered

Interpretation
This offence is a straight indictable offence. Under s.536(2), the accused can elect the mode of trial.

HIV Infection
The Crown must prove as an essential element to proving the offence in a case of HIV infection that the victim's consent to intercourse was vitiated by the accused's fraudulent concealment of his infection. Specifically, the crown should prove:
 * 1) dishonest act to hide HIV status or failure to disclose HIV status;
 * 2) the victim's lack of awareness of the infection
 * 3) knowledge that would have allowed her to refuse sex and
 * 4) intercourse would be a significant risk of bodily harm

Defences

 * Consent

Witness motions

 * Exclusion of public from court (486)
 * Prohibition of self-represented accused from Cross-examining a witness under the age of 18 years (486.3)
 * Sexual Offence Publication Ban (486.4)
 * Publication Ban of in relation to victims, witnesses or justice system participants (486.5)
 * Witness Screen (486.2)
 * Testimony by Video (714.1)