The non conformer's Canadian Weblog

February 16, 2018

Report it ASAP

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In Canada, sexual assault is a violent criminal offence ranging from unwanted sexual touching to violent, non-consensual intercourse, commonly referred to as rape.

Prime Minister Justin Trudeau was accused of “groping” a young female reporter on assignment in August 2000. “Like father, like son” reads the editorial. https://t.co/7GiBEd6RIr   

“Didn’t he learn through his vast experiences in public life, that groping a strange young woman isn’t in the handbook of proper etiquette, regardless of who she is, what her business is or where they are?”

Sexual assault and harassment are persistent forms of gender-based violence that are rooted in gender inequality. It is estimated that in one year alone there were more than 600,000 sexual assaults in Canada. Sexual assault is one of the most underreported crimes If you’ve been sexually assaulted, or sexually abused call the police, write to the news editors, make it public. Canada has criminal prosecution for sexual offences, abuses.

Canada’s Criminal Code has no specific “rape” provision. Instead, it defines assault and provides for a specific punishment for “sexual assault”. In defining “assault”, the Code includes physical contact and threats. The provision reads:

265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Interestingly, the definition ‘appears’ to include threats of sexual assault as a sexual assault itself. This suggests a person could be convicted of sexual assault without physically touching the victim if they make a threat of sexual assault

The Criminal Code also allows for increased penalties for sexual assault where the accused “wounds, maims, disfigures or endangers the life of the complainant”, see:

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.
Aggravated sexual assault
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.

You can still sue or criminally prosecute a guilty offender even if the sexual assault occurred many years ago. Hold perpetrators accountable for their actions. If we don’t, we reinforce the notion that abuse and assault are acceptable. It allows abusers to defend and continue their actions.

Over a six-year period between 2009 and 2014, police reported 117,238 sexual assaults in Canada where sexual assault was the most serious violation in the incident. Almost all (98%) police-reported sexual assaults were classified as level 1 offences (assault without a weapon or evidence of bodily harm). According to the General Social Survey on Canadians’ Safety (Victimization), there were 22 incidents of sexual assault for every 1,000 Canadians aged 15 and older in 2014. This represented approximately 636,000 self-reported incidents of sexual assault. While anyone could be a victim of sexual assault, research has shown an elevated risk for women and young individuals.

Sexual assault offenders were most often men, acting alone and under the age of 35. Just over half of victims knew the person who sexually assaulted them. The rate of sexual assault was higher among Canadian especially aboriginals, woman, who were single, never married. Research has shown that individuals with disabilities—particularly women and those with mental disabilities—are at greater risk of sexual violence, which may be partially attributed to greater vulnerability, negative social attitudes and perceptions, and abuses of trust.

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Substance, use drug use, binge drinking are associated with higher rate of sexual assault, especially among women. Evening activities—such as going to work, night class, meetings or volunteering, or going to bars, clubs or pubs—were all associated with higher rates of sexual assault Another life experience associated with higher rates of sexual assault was homelessness

The risk of sexual assault was impacted by marital status. Individuals who were single were about four times more likely to be sexually assaulted than those who were married or common-law. Age also had an impact: individuals aged 15 to 24 were over three times more likely to be sexually assaulted than those aged 35 and older.Aboriginal identity also significantly impacted the risk of sexual assault after controlling for other factors. Individuals who identified as Aboriginal were over two times more likely to be sexually assaulted than those who were non-Aboriginal.

A medical patient can become the victim of a sexual assault by a doctor. Sexual assault by doctors includes any inappropriate touching that goes beyond the required scope of the examination. It can also include the doctor performing unnecessary examinations, or intentionally not wearing gloves during an examination. Given that doctors routinely perform pap tests, pelvic exams, and other procedures involving intimate areas, patients are particularly vulnerable to sexual assault.

Students in Canada also are at risk of being sexually assaulted by a teacher or other school employee. sexual assaults against students are being reported more frequently in Canada than ever before. This is resulting in both an increase in criminal prosecutions of teachers and students suing for sexual assault.Taking action against the teacher and school is important and helps prevent others from being sexually abused. Such actions force schools and governments to take action to protect children and stop more sexual assaults from occurring.   If a student is sexually assaulted by their teacher, or by a school employee, the school board (government) may be found vicariously liable for the student’s sexual assault lawsuit. This effectively means that the government will have to pay a future settlement or judgment to the victim

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Report all Sexual attack: “Has anyone forced you or attempted to force you into any unwanted sexual activity by threatening you, holding you down or hurting you in some way?” Unwanted sexual touching: “Has anyone ever touched you against your will in any sexual way…anything from unwanted touching or grabbing, to kissing or fondling?”Sexual activity where the victim was unable to consent: “Has anyone subjected you to a sexual activity to which you were not able to consent…where you were drugged, intoxicated, manipulated or forced in ways other than physically?”

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See

https://anyonecare.wordpress.com/2011/10/17/no-abuse-is-acceptable-zero-tolerance/

https://thefocusonthefamily.wordpress.com/2008/07/03/verbal-abuse-is-always-unacceptable-too/

https://thenonconformer.wordpress.com/2018/02/11/swxual-harassment/

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