Canadian Criminal Law/Offences/Aggravated Sexual Assault
Aggravated Sexual Assault | |
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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. | Suspended Sentence (731(1)(a)) |
Minimum | Restricted firearm: 5 years (first) 7 years (second or more) Other firearms: 4 years Victim younger than 16: 5 years |
Maximum | Life imprisonment |
References | |
Offence Elements Sentence Principles Sentence Digests | |
Comments | |
DNA Primary designated offence DO/LTO primary designated offence | |
Legislation
editAggravated 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- Elements of Sexual Assault:
- the accused assaulted the victim (e.g. non-consentual touching)
- the sexual nature of the contact;
- the absence of consent;
- the age of the complainant;
- the age of the accused;
- the relationship between the complainant and accused;
- medical evidence (if any)
- Elements of Aggravated Assault:
- the injuries amounted to the victim being (See Injuries):
- wounded,
- maimed,
- disfigured, or
- had life endangered
- the injuries amounted to the victim being (See Injuries):
Interpretation
editThis offence is a straight indictable offence. Under s.536(2), the accused can elect the mode of trial.
HIV Infection
editThe 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]
- dishonest act to hide HIV status or failure to disclose HIV status;
- the victim's lack of awareness of the infection
- knowledge that would have allowed her to refuse sex and
- intercourse would be a significant risk of bodily harm
- ↑ R. v. Mabior, 2012 SCC 47
Defences
editTypical Motions or Orders
editWitness motions
edit- 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)