Consent is a crucial
factor to establish whenever the court is dealing with a sexual assault case.
The Crown often prosecutes cases of sexual assault with an added degree of
extra thoroughness although it goes without saying that all criminal charges
are treated as a serious matter. For
this reason, you need a sexual assault lawyer in Toronto who have handled similar
cases successfully when you’re charged with sexual assault.
In Canada, the individual
who initiated or pursued the sexual activity should make sure that the other
individual is freely participating with consent or risk getting charged with
sexual assault. But what is consent? How is consent defined in Canada?
What Is Consent?
Canada’s Criminal Code
defines consent as the voluntary agreement to engage in sexual activity under
273.1(1) subsection. If the complainant did not explicitly agree to engage in
sexual activity with the accused, then there is no consent.
What Is Non-Consent?
Non-consent under the
Criminal Code’s Section 266 is defined as the complainant not resisting or
submits to the act because of the following applied to the complainant or
another person:
- · Application of force
- · Threats
- · Fear of the application of force
- · fraud
- · exercise of authority
Subsection 273.1(2)
clarifies that no consent is applicable in the following situations as well:
- · When consent was given by anyone else besides the complainant
- · When the complainant is not capable of giving consent (intoxicated or unconscious)
- · When the complainant was induced to participate because of accused’s abuse of authority or position of trust
- · When the complainant expresses not wanting to engage in sexual activity either by behavior or words
- · When the complainant expressed not wanting to continue with the sexual activity despite earlier consent given
Consent cannot also be
given if the accused mistakenly believed consent was given due to intoxication,
not making sure consent was given, or choosing to ignore words or signals that
would signify consent wasn’t given.
Note that the age of consent
in Canada is 16 years with exceptions given to 14 to 15 years old as well as 12
to 13 years old if the partner can meet several criteria. This is best
discussed with a sexual assault lawyer for clarity.
Contact Calvin Barry Law if you or someone you know has been
charged with sexual assault. Calvin Barry has decades of expertise as a criminal defence attorney and can help you defend your assault case successfully.
