INTRODUCTION AND BRIEF DESCRIPTION

An analysis of section 271 of the Criminal Code of Canada which sets out the offence of sexual assault.

SECTION WORDING

271 Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.

EXPLANATION

Section 271 of the Criminal Code sets out the offence of sexual assault. This offence replaced the more stringent offence of "rape" which no longer appears in Canada's Code. Sexual assault is defined broadly as any assault (as defined in section 265 of the Code) that transpires in circumstances of a sexual nature.

COMMENTARY

Section 271 of the Criminal Code of Canada is a crucial law in protecting individuals from sexual assault. It outlines the penalties and punishments for individuals found guilty of committing this offense.

STRATEGY

Most sexual assault prosecutions are built upon the testimony of one person. Accordingly, details relating to the offence can be crucial in mounting a defence.