Canadian Criminal Law/Offences/Sexual Assault Causing Bodily Harm

Sexual Assault Causing Bodily Harm
s. 272 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)
Minimum	Restricted firearm: 5 years (first) 7 years (second or more) Other firearms: 4 years
Maximum	14 years jail
Designations
DNA Primary designated offence SOIRA designated offence DO/LTO primary designated offence
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Sexual assault with a weapon, threats to a third party or causing bodily harm
272. (1) Every person commits an offence who, in committing a sexual assault,

(a) carries, uses or threatens to use a weapon or an imitation of a weapon;

(b) threatens to cause bodily harm to a person other than the complainant;

(c) causes bodily harm to the complainant; or

(d) is a party to the offence with any other person.

...

R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26.

– CCC

Proof of the Offence

1. identity of accused
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the accused assaulted the victim
5. in doing so the accused caused bodily harm, if under s.272(1)(c) (See Canadian Criminal Law/Causation)
6. there was an objective foresight of the risk of bodily harm (mens rea)

Defences

A defence of consent it not available to sexual assault causing bodily harm. For details, see Canadian Criminal Law/Consent (sexual offences).

Typical Motions or Orders

Witness motions

• 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)