Sexual Crimes in Canada
| Author | Judith Daylen, Wendy van Tongeren Harvey, and Dennis O'Toole |
| Pages | 1-33 |
[ ]
Sexual Crimes in Canada
Vignette One
A high school soccer coach knocks at the d oor of one of the student play-
ers on his team, a fteen-year-o ld female who is home alone. She answers
the door, invites him into the foyer, and after a ve-minute conversation
about the team’s schedule the coach, without invitation, touches her
shoulders, moves his hands to her breasts , and then attempts to rub her
vaginal area. This behaviour upsets her greatly and af ter the initial sur-
prise, she pulls herself free and pushes him away. When the coach leaves,
she locks all the doors. Af ter recovering from her shock and confusion,
she telephones her parents to tell them what hap pened. The police are
called and charges are laid against the coach, who is now the accused.
The young girl then becomes the complainant. As her coach, the t wenty-
four-year-old accused knows the complainant, and he happens to know
she keeps a diary because she has writ ten in it during soccer trips. He also
often sees her going out socially with various boys who he assumes are
her boyfriends. During the investigation, he tells police the girl has been
sexually active and was giving him indications that she wante d to have sex
with him. The Crown prosecutor must now decid e how best to proceed.
clearly a violation of body and spirit;
others are not so readily characterized. In t his chapter, you will nd a dis-
cussion of sexual crimes as Canadian law now denes them. We discuss
the central issue of consent and its relevance to adults, youth, and children.
You will also nd a review of current knowledge regarding perpetrators of
sexual crimes. If you have questions about whether someone’s behaviour to-
wards you constitutes a sexual oence, this chapter should help. Although
2, ,
it may be dense a nd dicu lt to read, thi s chapter provides a nec essary fou n-
dation for understanding sexual crimes.
e vignette above is one example of a sexual assault, and we will refer
to it at the end of this chapter to demonstrate some of the principles dis-
cussed. Many victims of sexual cri mes are le feeling powerless, alienated,
and confused. Gaining a better understanding of the reality and nature
of sexual crimes is a means to empower oneself. Increased knowledge will
also aid in making key decisions about your personal options when an as-
sault occurs. Some sexual behaviours are legal wh ile others are not, so this
chapter will help clarif y when and how someone has contravened your legal
rights.
A key principle of law is that nobody can physically touch or hit an-
other individual without that individual’s consent, although it is not al-
ways clear when someone has crossed this boundary. A person’s sexual
conduct towards a nother can be a violation of that person’s integrity, or
can be a violation of society’s sense of decency, or both. Recognizing this
fact, Canada’s Parliament has sought to amend the Criminal Code in ac-
cordance with changing societal norms and knowledge. is means that
the law can change and what was once illegal may no longer be so and vice
versa. A w ide range of conduct now cons titutes a sexual crime in Canada ;
below we provide a re view of those behaviou rs currently rega rded as sexual
oences in this country.
As you read this chapter, bear in mind that it represents a brief sum-
mary of complex legal principles that have evolved over many years. We
have simplied these principles and minimized legal lang uage to help
clarify complicated issues. Our discussion is organized to assist the reader
in understa nding current practi ces, rather than mi rror changes in the l aw
over time. Some basic facts should help you understand how a court deter-
mines which acts are sexual cr imes in Canadian law.
WHAT IS A SEXUAL CRIME?
Canada outlines which activities are illegal sex-
ual behaviours. e Criminal Code denes sexual oences in Canada, and
the Crown counsel, who represents the state, relies solely on it to prosecute.
If you want the most current legal perspective on sexuality and the law,
you should consult the Criminal Code, which is available at most librar-
Chapter : Sexua l Crimes in Canada 3
ies, through your local courthouse, or at the Canada Justice web page on
the Internet. Since Parlia ment amends the Criminal Code regularly, we
recommend that you read the version of the law in eect at the time of the
commission of any oence to know precisely what the Crown must prove
in a given case. It is common for laypersons to use terms, such as “rape” or
“assault” to describe their sexual victimi zation, but when it comes to proof
in court these words may or may not be used. Legal language is precise and
the Crown must prove the oence as the l aw technical ly denes it.
Each sexual crime is dened by its own unique features. S exual assault
has been a specic oence in the Criminal Code since January , and is
one o f many sex ual ly rel ated oenc es. Ince st is anot her o ence w ith u niqu e
features or components. In any particular case, a single sexual act can re-
sult in one or more criminal c harges. An adu lt who has intercourse with a
thirteen-year-old girl is committing sexual assault, because she is under the
age of consent. If the adult knows the girl is a blood relative (daughter, sis-
ter, grandchild), the adult is also committing incest and authorities could
bring charges for both oences. In prosecuting the case, a Crown lawyer
would have to establish all the features of the specic charge to get a convic-
tion. To obtain a conviction on the incest charge, the Crown would have to
show that the girl was a blood relative of the adult, that the adult knew this,
and that the adult had sexually penetrated her. A charge of sexual assault
in this case would require showing that the girl was under fourteen years
of age and that the accused had knowledge of her age. For each charge, the
Crown must not only prove that the wrongful act occurred but also that
the accused intended to do what he did.
Some people are taken aback when they see that authorities have
charged t he accused with t wo or more oences (such as sexua l assault and
incest) for a single act against the victim. Having th ree charges brought for
one act does not necessarily mean the accused will receive a sentence that is
three ti mes more severe, but it do es give the Crow n more leeway to conduct
a successful prosecution. Even if the rst or second of the charges are not
proven beyond a rea sonable doubt, the third charge may be.
Criminal Code changes
of sexual violation is sexual ag gression or sexual
activity that clearly takes places without consent. e old terms used to de-
scribe forced sex are “rape” and “indecent assault.” In response to the women’s
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