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Law 12 7.4

This guide provides an overview of sexual assault, breaking down the three legal levels: Level 1 - Sexual Assault, which involves non-consensual touching; Level 2 - Sexual Assault with a weapon or threats, which carries severe penalties; and Level 3 - Aggravated Sexual Assault, resulting in life imprisonment. It explains the concept of consent, emphasizing its importance concerning age and circumstances, and clarifies the implications of implied consent and the rape shield law. Understanding these elements is crucial for both legal practitioners and the general public.

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Law 12 7.4

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  1. Law 12 7.4

  2. I can… • Describe the three levels of Sexual Assault • Identify and describe the role of consent in sexual assault with regards to age, intoxication, the use of threats and fear. • Describe implied consent and the rape shield law

  3. Sexual Assault 3 Levels Level 1 – Sexual Assault • Sexual touching without consent • Hybrid offence (10 yrs or 18 months)

  4. Level 2 - Sexual Assault with a weapon, threats to a third party, or causing bodily harm A Person . . . a) carries, uses or threatens to use a weapon or imitation weapon; b) threatens to cause bodily harm to a person other than the complainant (ex.?); c) causes bodily harm • Max 14 years

  5. Level 3 - Aggravated Sexual Assault • wounds, maims, disfigures, or endangers life • Life in prison Elements of the offence for all 3 levels: Actus Reus – sexual touching without consent Mensrea – knowledge that victim didn’t give consent, recklessness, willful blindness (avoid asking if consent is given)

  6. Consent? • Consent not a defence where victim is . . . • age 12 or 13, unless accused is less than 2 years older • Age 14 0r 15, unless accused is less than 5 years older • Don’t have to resist to deny consent (fear may prevent resistance) • Spouse may charge spouse

  7. Worksheet

  8. Evidence of sexual reputation not permitted to challenge or support the credibility of complainant. • Judge may enter some evidence of sexual activity if deemed relevant • Personal records of complainant allowed

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