(ii) Predicate Offences: Sexual Assault Causing Bodily Harm and Aggravated Sexual Assault
Similar to the criminal offence of assault, sexual assault comes in a number of statutory permutations. The Criminal Code of Canada provides the following definitions:
Sexual assault causing bodily harm includes the above noted elements of sexual assault with the added consideration of s. 2 of the Code and the definition therein. Section 2 defines “bodily harm” as: ” . . . any hurt or injury to the complainant that interferes with the health or comfort of the complainant and that is more than merely transient or trifling in nature.” Aggravated sexual assault is defined in s. 273(1) as:”Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.”
By and large, these offences attract a jail term. For major sexual assaults, the term of imprisonment accordingly to the Alberta Court of Appeal is a four (4) year starting point. Moreover, if you are convicted of a sexual offence, you will be required to provide a sample of your blood to the national DNA bank. In most cases, you will be required to register in the Sexual Offender Information Registry.
The most common defences to sexual assault are denial or consent.
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