Canadian Criminal Law/Offences/Aggravated Sexual Assault

From Wikibooks, open books for an open world
Jump to: navigation, search
Aggravated Sexual Assault
s. 273 of the Crim. Code
Election / Plea
Crown Election Indictable
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Maximum 5 years jail (first)
7 years jail (second)
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DNA Primary designated offence

SOIRA designated offence

DO/LTO primary designated offence

Legislation[edit]

Aggravated sexual assault
273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

...

R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11; 2012, c. 1, s. 27.

CCC

Proof of Offence[edit]

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

Interpretation[edit]

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

HIV Infection[edit]

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]

  1. dishonest act to hide HIV status or failure to disclose HIV status;
  2. the victim's lack of awareness of the infection
    1. knowledge that would have allowed her to refuse sex and
    2. intercourse would be a significant risk of bodily harm
  1. R. v. Mabior, 2012 SCC 47

Defences[edit]

Typical Motions or Orders[edit]

Witness motions[edit]

See Also[edit]