Criminal Lawyers

Assault - Criminal Code of Canada 265

A person commits an assault when;

  1. Without the consent of another person, he applies force intentionally to that other person, directly or indirectly assaulting that person,
  2. 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 upon reasonable grounds that he has, present ability to effect the assault or his purpose; or
  3. While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs, there by commiting an assault.

This section applies to all forms of assualt, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, and arravated sexual assualt.

  1. For the purposes of this section, no consect is obtain where the complainant submits or does not resist the assault by reason of;
  2. the application of force, or assault to the complainant or to a person other than the complainant;
  3. threats or fear of the application of force to the complainant or to a person other than the complainant
  4. fraud; or
  5. the exercise of authority.

Where an accused alleges that he believed that the complainant consented to the assault that is the subject matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if beleived by the jury, the evidence would constitute a defence to the assault, shall instruct the jury, when reviewing all the evidence relation to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

This section of the Criminal Code of Canada describes what an assault is, when an assault is aggravated, and the extent to which consent can be used as a defence to a charge of assault. A person who directly or indrectly applies force intentionally to another person assaults them, or who attempts or threatens to do so, has committed an assault.

If a person stops another person while openly wearing a weapon or an imition of a weapon, he is also guilty of an assault.

All forms of assault, including sexual assault are coverd by this section.

Consent may constitue a defence to a charge of assault but it cannot be invoked if the victim submits because force has been applied to, or is threatened to be applied to, the victim or another person.

As well the defence of consent to an assault will not apply if a person has submitted as a result of fraud or the exercies of authority by the accused.