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Change.org

ThumpingBump

May 3, 2022

3 upvotes

/r/MensRights

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Post Information

Title	Change.org
Author	ThumpingBump
Upvotes	3
Comments	8
Date	May 3, 2022 2:33 AM UTC (4 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/uh65tc/changeorg/
Archive Link	https://theredarchive.com/r/MensRights/changeorg.1115793 https://theredarchive.com/post/1115793

Comments

[–]JosephsonAdam 2 points3 points4 points 4 years ago (7 children) | Copy Link

[–]tenchineuro 2 points3 points4 points 4 years ago (6 children) | Copy Link

[–]JosephsonAdam 1 point2 points3 points 4 years ago (5 children) | Copy Link

[–]tenchineuro 0 points1 point2 points 4 years ago (4 children) | Copy Link

[–]JosephsonAdam 0 points1 point2 points 4 years ago (3 children) | Copy Link

[–]tenchineuro 0 points1 point2 points 4 years ago (2 children) | Copy Link

I still don't see anything giving the legal definition of Sexual Assault.

In fact, it appears to be so vaguely defined that almost anything might be SA.

EXPLANATION
Section 271 of the Criminal Code sets out the offence of sexual assault. This offence replaced the more stringent offence of "rape" which no longer appears in Canada's Code. Sexual assault, is defined broadly as any assault (as defined in section 265 of the Code) that transpires in circumstances of a sexual nature. Unfortunately, due to the broad drafting of section 271, there is little way to distinguish an outright rape from a mere transient touching when a 271 appears on an accused's record. More specific sexual offence do exist within the Code, for example at sections 151, 152 and 153. Recently, parliament enacted mandatory minimums where a victim is under the age of 16.
COMMENTARY
The offence of sexual assault captures an extremely wide range of behaviour. Any physical application of force that is not consensual, and is done in circumstances of a sexual nature, can constitute a sexual assault. Examples include anything from slapping someone on the buttocks at a bar, all the way to an outright rape. Cases often arise where intoxication of the complainant and accused is at issue. Intoxication can vitiate a person's consent if sufficient, however intoxication cannot absolve a person of criminal responsibility unless they were drunk to the point of automatism. These defences are extremely nuanced and complicated. If you find yourself accused of this crime, you should contact a criminal defence lawyer immediately.

It's also odd that while there is no longer a crime called rape, the Canadian web pages talk about it more often than SA.

[–]JosephsonAdam 0 points1 point2 points 4 years ago (1 child) | Copy Link

[–]tenchineuro 1 point2 points3 points 4 years ago (0 children) | Copy Link