Sexual assault and sexual battery are commonly used interchangeably, but sexual battery is a term that’s not officially used in the Canadian legal system. The broader term of ‘sexual assault’ applies to a wide range of unwanted sexual contact.
Sexual Battery: A U.S. Term, Not Applicable in Canada
Whereas the term ‘sexual battery’ in the US refers to particular sexual misdeeds, there is no counterpart in Canadian law; that’s because what in the US is sexual battery in Canada is called sexual assault.
Though Canadian law does not recognize the term ‘sexual battery,’ it can still be found in reports, especially in civil cases or media coverage.
For example, in rulings made by judges in the province of British Columbia in Canada’s Supreme Court, the term has been used in cases around compensation for sexual misconduct victims, including recent news stories in which victims have been awarded damages for sexual battery.
In Canadian criminal law, these cases are still brought under the general heading of sexual assault as defined in the Criminal Code.
This points to the need to grasp the legal framework, as the wording used in public discourse or civil cases might differ from the terminology used in criminal law.
Sexual Assault in Canada
Section 271 of the Canadian Criminal Code provides a definition of sexual assault that includes any ‘sexual activity,’ from inappropriate touching to sexual penetration, ‘without the consent of the complainant.’
Consent must be ‘free’ – not obtained through force or threat of force – and ‘informed’ – obtained without deceit. Moreover, consent must be ongoing; it cannot be given in advance.
Penalties for Sexual Assault in Canada
The punishment for a sexual assault depends on the type of crime. For sex assault, it might be ten years in prison for an indictable offence, and 18 months for a summary conviction.
For more egregious cases – such as acting with a weapon, causing harm, or assault with a weapon – it could be life imprisonment.
The Role of a Criminal Defence Lawyer
Sexual assault charges must be taken on by a criminal defence lawyer who can assess the details of the case, look for defences (such as consent or mistaken identity), and advise the accused on how to proceed through the legal system.
Steele Law in Victoria, B.C. provides experienced legal support for clients charged on these serious offences. Contact Jerry Steele now for the experienced defence lawyer you deserve.