WHAT IS ASSAULT?
The definition of assault can be found in section 265 of the Criminal Code of Canada.
A person commits an assault when:
- The accused intentionally applies force (directly or indirectly) to another person without their consent.
- Through physical actions, the accused tries to, or threatens to, apply force to another person.
- The accused confronts, blocks, or begs from another person while openly carrying a weapon, or an imitation weapon.
Assault can include pushing, kicking, spitting, panhandling with a visible knife, threatening to stab, seriously injuring someone who agrees to fight you, and much more.
WHAT ARE THE DIFFERENT TYPES OF ASSAULT?
1. ASSAULT
Assault under section 266, commonly referred to as simple assault, is the least serious type of assault. It may be used when the assault consists only of threats or attempts, or when the victim has not suffered any bodily harm.
2. ASSAULT WITH A WEAPON & ASSAULT CAUSING BODILY HARM
Section 267 states that every one commits an offence who, is committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant.
Bodily Harm is defined as any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient and trifling in nature. “Transient and trifling in nature” refers to a very short period of time, and to injury of a very minor degree. It is not necessary that the accused foresee that bodily harm would result.
Weapon means any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person; and includes a firearm. A weapon does not need to be an inanimate object. A dog can be a weapon.
3. AGGRAVATED ASSAULT
An aggravated assault is committed when an accused wounds, maims, disfigures or endangers the life of the complainant. An intention to wound, maim, disfigure, or endanger life is not necessary when it comes to being found guilty of this offence. All that is required is objectively foreseeability that the accused’s assault on the complainant would have caused bodily harm. This is an indictable offence and the maximum penalty is imprisonment of 14 years.
Wounding involves breaking the complainant’s skin, which includes perforating an eardrum.
Maiming means disabling a person so that he or she is less capable of self-defence and it includes injuries such as a broken leg or damaged eyesight.
Disfiguring can involve harming a person so that he or she is less physically attractive.
Endangering the complainant’s life must involve actual endangerment, not just the potential to put him in danger.
4. ASSAULTING A PEACE OFFICER
Section 270(1) of the Criminal Code states that every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure.
The offences listed under s. 270 have a common element of an assault of a person who is engaged in an act of law enforcement, such as a police officer making an arrest, or a person seizing property under lawful process (e.g. court order). A key factor to look at is whether or not the person assaulted was acting within his or her scope of authority at the time of the alleged assault.
5. SEXUAL ASSAULT
Sexual assault consists of unwanted touching in a sexual way. Sexual assault can be aggravated by the use of a weapon or if it causes physical harm to the victim, but physical harm is not required.
Persons under a certain age cannot consent to sexual acts as a matter of law.The age of consent, refers to the age at which a young person can legally consent to sexual activity.The age of consent for sexual activity is 16 years.
All sexual activity without consent, regardless of age, is a criminal offence.
WHAT IS CONSENT?
For an assault to occur, the person who has been touched must not have agreed to the contact. If consent is found, then assault has not taken place.
Consent is when another person freely gives you permission to touch them, having full knowledge of all the associated risks. Even if another person allows you to touch them, it is NOT valid consent IF:
- You hurt, or say you will hurt them or someone else if they don’t consent.
- You lie to them about what you will do or who are are.
- You are in a position of authority over them.
- You intentionally cause them serious injury.
Whether or not there has been consent depends on the facts of the situation. Consent can either be express or implied. Just because someone has not said “no” it does not necessarily mean they have consented.