Legal Definitions and Consent

The term rape cannot be found in the Canadian Criminal Code.  Until the 1980’s, Canadian law used the term “rape” within the context of sexual offences, but the term was replaced and modernized to the broader category of sexual assault following significant legal reforms.   However, the Canadian press and public often refer to this term which is a United States legal term.  The Canadian Criminal Code and current case law  use the legal term  “sexual assault” which could range from a minor or brief sexual touching of a woman’s buttocks up to a violent “rape.” In the sexual assault  context,  the U.S. legal term “rape” would be defined as any non-consensual sexual intercourse or penetration. This includes vaginal, anal, or oral penetration. Consent must be freely given and can be withdrawn at any time. It is important to understand that silence or submission does not equal consent.

In Canada, the law requires clear, voluntary, willing, enthusiastic agreement to engage in sexual activity. Consent or agreement to sexual activity must be provided during the entire duration of the sexual activity. A person can withdraw their consent at any point in time during sexual activity. Coercion, manipulation, or threats invalidate any form of consent. Additionally, if sexual activity is taking place with an individual who is under the influence of drugs or alcohol to a level that that their impairment prevents them from consenting, this would constitute a sexual assault. Also, a person who is sleeping or unconscious, cannot legally give consent.

Age and Statutory Considerations

Statutory rape is an American legal term and cannot be found in the Canadian Criminal Code or case law.  However, the Canadian public often uses this term to mean sexual activity with a minor who is not capable of legally providing their consent to sexual activity. In Canada, the age of consent is 16. In other words, a person 16 years or older can legally consent to sexual activity with anyone of any age (subject to the laws regarding exploitation, coercion or if their sexual  partner is in a position of trust or authority such as a coach or teacher).

However, “close in age” exceptions exist. For instance, a person 14 or 15 years old can legally consent to sexual activity with someone less than five years older, if there is no relationship of trust or authority.  For example, a 14 year old girl can legally engage in sexual activity with someone who is no more than 5 years older than her. 

A person who is 12 to 13 years old can legally consent to sexual activity with someone who is no more than 2 years older.  

Individuals under 12 cannot consent to any sexual activity. It is also illegal for anyone under 18 to engage in sexual activities with adults who hold a position of trust, authority, or dependency over them. 

 

Protect Your Rights with a Strong Legal Defence

If you or someone you know is facing allegations of rape or sexual assault, it is important to act quickly and get professional legal representation. At Kruse Law Firm, our team of experienced criminal defence lawyers are dedicated to defending your rights and ensuring you receive a fair trial. Here’s how we can help:

  • Experienced Legal Representation: With decades of experience in defending against sexual assault charges, our lawyers  possess the expertise and knowledge necessary to navigate the complexities of these cases. We are committed to providing you with a robust defence, focusing on every detail to protect your rights.
  • Comprehensive Case Analysis: We conduct thorough investigations and gather crucial evidence to build a strong defence strategy. From examining police reports and witness statements  to interviewing witnesses and consulting with experts, we will  leave no stone unturned in preparing your case.
  • Personalized Defence Strategies: Every case is unique, and we tailor our defence strategies to the specific circumstances of your situation. Our goal is to challenge the prosecution’s evidence, establish reasonable doubt, and achieve the best possible outcome for you.
  • Support and Guidance: Facing a sexual assault charge can be overwhelming. Our compassionate legal team is here to provide you with the support and guidance you need throughout the legal process. We ensure you are informed and prepared every step of the way.

 

Contact Us Today for a Free Consultation

Don’t wait to get the legal help you need. Contact Kruse Law Firm today for a free, confidential consultation. Our experienced lawyers will review your case, discuss your options, and provide you with the legal advice you need to defend against these serious charges.

Frequently Asked Questions

An historic rape or sexual assault,  sometimes referred to as ‘historical rape’ refers to allegations of sexual abuse involving penetration made years after the alleged incident. There is no statute of limitations for charging someone with an indictable offence in Canada. For example, a person could be charged with an historical sexual assault which occurred 50 or more years ago.

Being falsely accused can lead to police questioning and possibly an arrest. A thorough investigation will follow, where evidence will be reviewed by the crown to determine if there is a reasonable prospect of conviction.

If falsely accused, immediately seek legal advice. Collect any evidence that may support your innocence, such as messages, social media activity, and have your lawyer or a private investigator interview defence witnesses who could support your version of events.  Do not contact the accuser as it could complicate the case further and result in you being arrested for breaching your bail terms. You should exercise your right to remain silent and the right to counsel if you are arrested by the police or if they seek to question you.