Criminal Code of Canada

Criminal Code of Canada sections relating to Sexual Assault

The definition of consent is found in section 153(2) and (3):

273.1(1) Meaning of "consent" - Subject to subsection (2) and subsection 265(3), "consent" means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

(2) Where no consent obtained - No consent is obtained, for the purposes of sections 271, 272 and 273, where

(a) the agreement is expressed by the words or conduct of a person other than the complainant;

(b) the complainant is incapable of consenting to the activity;

(c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;

(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

(e) the complainant having consented to engage in the sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

This is a very broad definition that illustrates what would constitute non-consensual sexual activity. It recognizes that women cannot always speak up and say no. They may be disabled or frozen in some way from speaking up, they may be intimidated or coerced into saying yes when they don't want to, they may be too afraid to say no. According to the Criminal Code of Canada there is no consent in any of these scenarios. The Criminal Code of Canada views sexual assault as an assault that is sexual in nature. The sexual assault offences include: sexual assault; sexual assault with a weapon, threats to a third party or causing bodily harm; and aggravated sexual assault.

272(1) Sexual assault with a weapon, threats to a third party or causing bodily harm -
Every person commits an offence who, in committing a sexual assault,

(a) carries, uses or threatens to use a weapon or an imitation of a weapon;

(b) threatens to cause bodily harm to a person other than the complainant;

(c) causes bodily harm to the complainant; or (d) is a party to the offence with any other person.

273(1) Aggravated sexual assault - Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.