Law 12 7.4

1. Law 12 7.4

2. 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

3. Sexual Assault 3 Levels Level 1 – Sexual Assault • Sexual touching without consent • Hybrid offence (10 yrs or 18 months)

4. 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

5. 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)

6. 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

7. Worksheet

8. 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