Is a sexual assault charge the same as rape?
The charge of “rape” is no longer included in the Canadian Criminal Code and therefore it is not a criminal offence. Instead, an individual would be charged with sexual assault. This is divided into three categories of criminal offences. The first is the definition of sexual assault in s. 271 of the Criminal Code. Secondly, s.272 of the Criminal Code details sexual assault with a weapon, threats to a third party or causing bodily harm. Third, aggravated sexual assault is listed in s. 273 of the Criminal Code.
What is the historical meaning of being charged with rape?
The offence of rape was defined as a man having sexual intercourse with a woman that was not his wife. In 1982, the Criminal Code of Canada was amended to no longer include the offence of rape. As listed above, the charge of rape was replaced by the new categories of sexual assault in s. 271, s. 272 and s. 273.
Why is this change in the Criminal Code important?
There are a few main takeaways from this change in the Criminal Code. The previous offence of rape only acknowledged a man having sexual intercourse with a woman without her consent. This specificity of gender ignored other scenarios in which an individual may not consent to having sexual intercourse. For instance, if a woman has sexual intercourse with a man that did not provide his consent or if the parties are the same gender. As well, the previous charge of rape applied specifically only to a woman that was not the man’s wife. Therefore, the historical offence of rape did not address the occurrence of a husband having sexual intercourse with his wife without her consent. Eliminating the charge of rape then discarded the notion of spousal immunity. Lastly, the charge of sexual assault is much more encompassing than the previous description of rape. Sexual assault can include acts that range from minimal touching to those involving a weapon.
What does this mean for me?
If you are facing a sexual assault charge, it is critical to understand the evidence against you and your options moving forward. Roulston Urquhart Criminal Defence Lawyers are highly experienced in this area of law and will be able to assist with all categories of sexual assault charges.
