Introduction

Sexual Violence, Sexual Assault, Non-Consensual Sexual Contact, Unwanted sexual touching, involuntary sexual interaction, Improper sexual behaviour, Voyerism, inappropriate sexual action, penetration without consent, Indictable sexual offences

Sexual assault is a significant issue in Canada, impacting individuals and communities profoundly. Addressing sexual interference involves a comprehensive approach including legal frameworks, support systems, and advocacy. This overview explores sexual assault in Canada, covering its prevalence, legal definitions, support services, challenges, and ongoing efforts.

Prevalence of Sexual Assault – Sexual Violence, Non-Consensual Sexual Contact

Sexual assault is widespread in Canada. According to the Canadian Women’s Foundation, 50% of Canadian women have experienced physical or sexual violence since age 16. Statistics Canada’s survey highlights that Indigenous women and girls face higher rates of sexual assault compared to men.

Legal Definitions and Frameworks – Unwanted sexual touching, involuntary sexual interaction

Under the Criminal Code of Canada, sexual assault is defined in Section 265, covering any non-consensual physical contact, including unwanted touching and rape. Section 273.1 outlines the legal meaning of consent, the capacity to consent, and the age of consent.

Specifically, Section 151 defines sexual interference as touching, directly or indirectly, with a body part or object, a person under the age of 16 for a sexual purpose. These offences carry severe penalties and do not require physical resistance or proof of physical injury.

Support Services for Survivors – Improper sexual behaviour

Survivors in Canada can access numerous support services, including crisis hotlines, counseling, medical assistance, and legal aid. Key organizations such as the Sexual Assault Centre of Edmonton, Assaulted Women’s Helpline, and CASAC offer critical support and raise awareness about sexual violence.

Challenges and Barriers – Inappropriate sexual action, penetration without consent, Indictable sexual offences, Voyerism

Several challenges persist despite ongoing efforts to combat sexual assault. These include stigma, fear of retaliation, systemic barriers for marginalized communities, and inadequate legal processes. Myths and misconceptions contribute to victim-blaming and hinder progress in prevention and support.

Applications Relevant for a Trial in Sexual Assault Cases

In sexual assault trials, several key legal applications can significantly impact the proceedings and must be handled with strategic care:

Charter Applications: Accused persons often raise issues under Section 7 (right to life, liberty, and security) and Section 11 (fair trial rights), particularly if there were disclosure delays, improper investigation, or unreasonable delay under Jordan.

Section 276 Application (Rape Shield Law): Defence must apply to introduce any evidence of a complainant’s sexual history. This application requires strict adherence to relevance and judicial discretion.

O’Connor Application (Third-Party Records): Defence can seek records in the possession of third parties (e.g., therapy notes) through a two-step process showing likely relevance and balancing privacy rights.

Section 278.92 Application (Admissibility of Personal Records): Defence must seek permission to introduce records in their possession, such as texts or emails, if they relate to the complainant.

Voir Dire for Statements or Confessions: If an accused’s statement is in issue, a voir dire (a trial within a trial) may be required to determine admissibility and voluntariness.

Recent Reforms and National Efforts (May 2025)

As of May 2025, Canada has updated its approach to sexual assault cases with several legal and systemic reforms:

• Amendments to the Criminal Code have clarified the definition of consent and strengthened protections for minors.
• Trauma-informed court procedures are now being adopted in select provinces to improve survivor experience.
• The federal government expanded funding to community-based sexual assault support services.
• Education campaigns and bystander training continue to raise awareness and reduce stigma.

The legal community, including Crown prosecutors and defence lawyers, are increasingly applying restorative justice models in appropriate cases involving youth and survivors seeking alternative resolutions.

Sexual Violence, Sexual Assault, Non-Consensual Sexual Contact, Unwanted sexual touching, involuntary sexual interaction, Improper sexual behaviour, Voyerism, inappropriate sexual action, penetration without consent, Indictable sexual offences