Sexual Assault Legislation in Canada - Research Assignment (Essay Sample)

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SEXUAL ASSAULT LEGISLATION IN CANADA
Introduction
Sexual assault is understood to mean any sexual contact or behavior that is occasioned on a person either male or female without the express consent of the recipient. CITATION Law17 \l 1033 (Lawyers.ca) The recent past has been mired by an influx of sexual assault cases, which is more often than not traced back to moral disintegration. As such, lawmakers have curtailed this vice by designing heavy consequences for any person charged and found guilty of sexual assault. Efforts by legislators of imposing hefty punishment to the offenders have had little effect in curtailing the menace. This is because sexual assault and rape continue to feature as one of the most occasioned crimes on women and in most cases, these assaults go unreported CITATION Han14 \l 1033 (Hanson and Elizabeth).
Demystifying Sexual Assault
Sexual assault, sexual harassment, rape, and defilement cover a very broad spectrum, as such there can never be a thorough definition that encompasses all of them. With this in mind, the courts have been given the mandate to interpret the law and offer just solutions. For instance, the Supreme Court of Canada defined sexual assault as not being limited to contact with a particular portion of the human examination. In addition on the nature of sexual conduct/ behavior; if the behavior is found to amount to demean the integrity of the affected party, it amounts to sexual assault. CITATION Sex17 \p 2017 \y \l 1033 (Sexual Assault Criminal Law, Rape Shield, Evidence, and Sentencing in Canda 2017). In most cases, women are the aggrieved parties with men playing the role of perpetrators.
The world today is still dominated by men taking most jobs and heading institutions. It is this dominance that has contributed to an increase of sexual assault cases at workplaces. Perpetrators of this offense often demand for sexual favors, unwanted sexual advances as well as engaging in unwanted physical contact. These unwanted sexual advancements often have a major effect on the career growth of the afflicted party. CITATION Sex17 \l 1033 (Sexual Assault Criminal Law, Rape Shield, Evidence, and Sentencing in Canda).
Having taken cognizance of this, legislators are under a strict obligation to protect the integrity of all people. This is by virtue of the basic rule of law principle that all people are equal, as such it is not fair to demand sexual favors for career growth. More so, the world today has no place for sexual assault or harassment. In an attempt to deal with this, menace the Canadian Criminal Code in Section 265 defines general assault as once a person deliberately applies force to another person, threatening through gestures or attempt to use force on another, or carrying weapons to accost general population. CITATION Wha17 \p 2017 \y \l 1033 (What is Sexual Assault 2017) .
Sexual Consent
The current Canadian Legislation is silent on Sexual assault or rather does not define sexual assault. However, it is alive to the fact that sexual assault exists and is limited to any sexual advancements without consent. As such Section 273.1, give the meaning of consent for the commitments of sexual assault wrongdoings. It outline a consent as the intentional agreement of the plaintiff to participate in sexual activity, which does not fall within the scope of consent as a substance of law. In addition section 273.1 (2) arrays out very specific circumstances where there is no consensus in law; where the contract is expressed by the words or conduct of a person other than the plaintiff, especially where the he/she is in chain of consenting to the action. Where the defendant persuades the plaintiff to involve in the motion by ill-treating a position of trust, power or authority, also where the complainant communicates by words or direct, an absence of consent to take part in the action, or where the complainant, having assented to take part in sexual movement, communicates, by words or lead an absence of consent to participate in the action.
This definition has been put in place to help deal with the menace that has in the past proved to be elusive and hard to prosecute. This is because the ONUS lies on the prosecution to prove the case beyond a reasonable shadow of a doubt. CITATION Ven16 \p 2016 \y \l 1033 (Vendervort, Michael and Montreal 2016).
Given the nature of the offense, proving sexual assault can prove to be a very daunting task. As such the law through the Canadian Criminal Code section 271 prescribes that everyone who confers rape is blameworthy of
* An indictable offense and is obligated to detainment for a term of not over ten years or, if the complainant is less than 16 years old years, to detainment for a term, not over 14 years and a base discipline of detainment for a term of one year; or
* An offense culpable on rundown conviction and is at risk to detainment for a term of not over year and a half or, if the complainant is less than 16 years old years, to detainment for a term of not over two years less a day and to a base discipline of detainment for a term of six months.
Addressing the Sexual Assault Menace
Research Indicates that cases of sexual assault are increasing at an alarming rate. This is a direct consequence of the current legislation not addressing the question of sexual assault and issuing stringent penalties for those found guilty of the offense. CITATION Han14 \p 2014 \y \l 1033 (Hanson and Elizabeth 2014)
In addressing the issue of sexual assault, it is important to appreciate that laws dealing with sexual assault have undergone many changes in the past decade. These changes are credited to women rights activists who have championed for an overhaul look into the law. In as much as the law has not undergone the overhaul, significant changes have been made in the law with regards to protecting sexual assault victims as well as curbing the vice. CITATION Wit10 \p 2010 \y \l 1033 (Withey 2010).
The legislature is mandated by the constitution to develop laws that ref...