Canadian Criminal Code

The Canadian Criminal Code

According the the Canadian Criminal Code, sexual assault is defined as an assault which is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. This definition is then separated into three tiers.
- Level 1 (s.271): An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.
- Level 2 (s.272): Sexual assault with a weapon, threats, or causing bodily harm.
- Level 3 (aggravated sexual assault): Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim.

There is a fundamental difference between how Canada categorizes sexual assault compared to equivalent offences internationally. Many other nations explicitly define rape, and base their definitions and legislation of certain offences on the sexual nature of the crimes. In the United Kingdom’s 2003 Sexual Offences Act, there is a comprehensive definition of rape, sexual assault, and sexual activity without consent. In New Zealand’s 1961 Crimes Act, rape is defined specifically as penetration without consent and sexual violation is defined as unlawful sexual connection without consent. In the state of California, the penal code also explicitly defines rape and what qualifies as rape and consent.
However, in Canada, what is clearly defined as rape in other nations could fall under any of the three levels of sexual assault depending on severity. For example, if a man commits rape, he can be charged under any of these levels including the first tier, if it can be determined that the attack did not involve a weapon, bodily harm, or multiple assailants.

Sexual assault laws have undergone enormous change since the Canadian Charter of Rights and Freedoms came into effect.

Prior to the 1983 rape was defined in Section 143 of the Criminal Code as:
- A male person commits rape when he has sexual intercourse with a female person, who is not his wife, without her consent, or with her consent if the consent is extorted by threats or fear of bodily harm,
  - Is obtained by personating her husband, or
  - Is obtained by false and fraudulent representations as to the nature and quality of the act.
Rape was defined narrowly and only included one sexual act - vaginal intercourse without consent. The way it was defined meant that married men could not be convicted or charged with raping their wives due to spousal immunity.
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However, in 1983, there was a change in Canadian laws and the passing of Bill C52 redefined the nature of sexual offences in the Criminal Code.

Bill C-337 aimed to amend the Judges Act and Criminal Code in order to increase victims’ confidence in the justice system by continuing education to ensure sexual assault matters are decided fairly without influence from myths or stereotypes. On May 6, 2021, this bill received Royal Assent and came into force.
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The Intoxication amendment aimed to amend the Criminal Code in order to increase public confidence in the justice system and support GBV survivors. This is done by ensuring that those who consume drugs and/or alcohol in a criminally negligent manner are held criminally responsible if they inflict harm on others while being in an extremely intoxicated state. On June 23, 2022, this amendment pertaining to self-induced extreme intoxication received Royal Assent and came into force.
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In 2018, the Liberals expanded Canada’s rape-shield laws to prevent a sexual assault victims’ past/sexual history from being used against them or to discredit their claims in trial.