A History of Canadian Sexual Assault Legislation
1900-2000

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Sexual Assault

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 19.

[Assault]
244. (1) A person commits an assault when
        (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
        (b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or
        (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
    [Application]
    (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
    [Consent]
    (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
        (a) the application of force to the complainant or to a person other than the complainant;
        (b) threats or fear of the application of force to the complainant or to a person other than the complainant;
        (c) fraud; or
        (d) the exercise of authority.
    [Accused's belief as to consent]
    (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

[Sexual assault]
246.1 (1) Every one who commits a sexual assault is guilty of
        (a) an indictable offence and is liable to imprisonment for ten years; or
        (b) an offence punishable on summary conviction.
    [No defence]
    (2) Where an accused is charged with an offence under subsection (1) or section 246.2 or 246.3 in respect of a person under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused is less than three years older than the complainant.

[Sexual assault with a weapon, threats to a third party or causing bodily harm]
246.2 Every one who, in committing a sexual assault,
    (a) carries, uses or threatens to use a weapon or an imitation thereof,
    (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,
is guilty of an indictable offence and is liable to imprisonment for fourteen years.

[Aggravated sexual assault]
246.3 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
    [Punishment]
    (2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and is liable to imprisonment for life.

An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 10.

[Sexual assault]
271. (1) Every one who commits a sexual assault is guilty of
        (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
        (b) an offence punishable on summary conviction.
    [No defence]
    (2) [Repealed.]

Criminal Law Amendment Act, 1994, S.C. 1994, c. 44, s. 19.

[Sexual assault]
271. (1) Every one who commits a sexual assault is guilty of
        (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
        (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
    [No defence]
    (2) [Repealed, R.S.C. 1985 (3d Supp.), c. 19, s. 10.]

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