Canadian Criminal Law/Offences/Sexual Assault with a Weapon

Legislation Sexual assault with a weapon, threats to a third party or causing bodily harm 272. (1) Every person commits an offence who, in committing a sexual assault, (a) carries, uses or threatens to use a weapon or an imitation of a weapon; (b) threatens to cause bodily harm to a person other than the complainant; (c) causes bodily harm to the complainant; or (d) is a party to the offence with any other person. ... R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26. CCC Proof of the Offence In addition to the essential elements of identity, time and jurisdiction, the prosecution should also prove: the accused sexually assaulted the victim the assault was committed by the use of a weapon or threaten to use a weapon Interpretation See also Canadian Criminal Law/Offences/Sexual Offences It is not an essential element of the offence that the assailant cause bodily harm to the complainant. R. v. Papalia, 2012 BCSC 245 at 84 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 Sexual Assault with a Weapon