Level One: Sexual Assault, s.271 of the Criminal Code
- any form of unwanted sexual contact (without bodily harm)
- no physical violence or threats of violence
- 10 year maximum prison term
Level Two: Sexual Assault, s.272 of the Criminal Code
- has a weapon or threatens to use a weapon
- threatens to cause bodily hard to a third party
- causes bodily harm to a third party
- is a party to the offence with any other person
- 14 year maximum prison term
Level Three: Aggravated Sexual Assault, s.273 of the Criminal Code
- use of a weapon causing injury, disfigurement, beaten, or endangers the life of a person during sexual assault
- injuries sustained by other means
- life sentence maximum term
Three things must be proved:
- Occurrence the assault actually occurred (having an examination done will provide documentation of any injuries you may have)
- Identity the accused is the person who did it.
- Consent until 1992, "consent was defined in terms of the woman's responsibility to get across her lack of consent to the man in a way that convinced him." He could claim that he had an honest belief that she consented. In 1992, a new bill was passed, which defines consent as the voluntary agreement of the complainant (survivor) to engage in the sexual activity in question.
Ministry of Public Safety and Solicitor General (2002). Chapter 2: Violent crime in British Columbia.
Visit the Ministry of Public Safety website for information on Victim Services programs.
