Canadian Criminal Law/Offences/Sexual Assault

Proof of Offence

 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused assaulted the victim (e.g. non-consentual touching)
 * 5) the sexual nature of the contact;
 * 6) the absence of consent;
 * 7) the age of the complainant;
 * 8) the age of the accused;
 * 9) the relationship between the complainant and accused;
 * 10) medical evidence (if any)

Interpretation

 * See also Canadian Criminal Law/Offences/Sexual Offences

A sexual assault is an assault (as defined in s. 265) in which the complainant's sexual integrity in violated.

It is an assault whose essence requires touching at the least.

The accused does not need to have a sexual purpose in the assault. Disciplining or humiliating a person in a sexual manner is a sexual assault.

Intent
The mens rea of sexual assault is "intention to touch and knowing of, or being reckless of or wilfully blind to, a lack of consent on the part of the person touched."

Consent
See Canadian Criminal Law/Consent (sexual offences)

Defences

 * Consent or mistaken 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)

History
On August 9, 2012, s. 271 was amended to add a mandatory minimum of 90 days on summary conviction and 1 year on indictable election where the complainant is under the age of 16.