Canadian Criminal Law/Offences/Aggravated Sexual Assault

Legislation Aggravated sexual assault 273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. ... R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11; 2012, c. 1, s. 27. CCC Proof of Offence Elements of Sexual Assault: the accused assaulted the victim (e.g. non-consentual touching) the sexual nature of the contact; the absence of consent; the age of the complainant; the age of the accused; the relationship between the complainant and accused; medical evidence (if any) Elements of Aggravated Assault: the injuries amounted to the victim being (See Injuries): wounded, maimed, disfigured, or had life endangered Interpretation This offence is a straight indictable offence. Under s.536(2), the accused can elect the mode of trial. HIV Infection The Crown must prove as an essential element to proving the offence in a case of HIV infection that the victim's consent to intercourse was vitiated by the accused's fraudulent concealment of his infection. Specifically, the crown should prove:R. v. Mabior, 2012 SCC 47 dishonest act to hide HIV status or failure to disclose HIV status; the victim's lack of awareness of the infection knowledge that would have allowed her to refuse sex and intercourse would be a significant risk of bodily harm 2 Defences Consent Typical Motions or Orders Witness motions Exclusion of public from court (486) Prohibition of self-represented accused from Cross-examining a witness under the age of 18 years (486.3) Sexual Offence Publication Ban (486.4) Publication Ban of in relation to victims, witnesses or justice system participants (486.5) Witness Screen (486.2) Testimony by Video (714.1) See Also