Sexual Assault with a Weapon, Threats, or Bodily Harm

Sexual Assault with a Weapon, Threats, or Bodily Harm

The offence of sexual assault with a weapon, threats to a third party or causing bodily harm are outlined in section 272(1) of the Criminal Code.

The offence of sexual assault with a weapon, threats to a third party or causing bodily harm encompasses four separate offences. A person commits the offence of sexual assault with a weapon, when, while sexually assaulting someone, they also have, use, or threaten to use a weapon or imitation weapon.

A person commits the offence of sexual assault with threats to a third party when, while sexually assaulting someone, they threaten to physically harm someone else. A person commits the offence of sexual assault causing bodily harm when, while sexually assaulting someone, they physically harm the person they are assaulting including by choking, suffocating, or strangling them.

A person will also be charged under this section for sexual assault as a party to the offence if they are accompanied by someone else who is also participating in the sexual assault.

Examples

Person A shows that they have a knife in their pocket while they are rubbing person B’s shoulders and upper chest in a sexual manner without person B’s consent.

Person B threatens to harm person C’s child if person C does not engage in sexual activity with person B.

Person D holds a pillow over person E’s face while forcefully engaging in sexual intercourse with person E so that person E stops fighting person D off.

Person D, E, F, and G all sexually assault person H while person H is unconscious.

Cases

R. v. J.J., 2020 ONCJ 135

In R. v. J.J., the accused was found guilty on one count of sexual assault with a weapon and one count of sexual assault as a party to the offence when he accompanied partygoers upstairs to a bedroom where a female guest had passed out, touched her vagina while others were also touching, kissing, and fondling her, and later inserted a hairbrush into her vagina.

R. v. Dang, 2021 ONSC 3056

In R. v. Dang, the accused was charged with sexual assault causing bodily harm when he injured the complainant’s wrists by trying to pry her off a railing she was holding to resist having sex with him.

Offence Specific Defence(s)

Not Sexual Assault

Where the person has the other person’s consent to engage in sexual activity or is not subjecting the person to activity that is sexual in nature, they may not have completed the offence of sexual assault with a weapon, threats to a third party or causing bodily harm.

No Weapon Used

Where no items are used as weapons or made to pass off as weapons during the sexual assault, the person committing the sexual assault may not have completed the offence of sexual assault with a weapon.

No Threats to Third Parties

Where the person does not threaten to harm anyone other than the person they are engaging in non-consensual sexual activities with, they have not completed the offence of sexual assault with threats to a third party.

No Physical Harm

Where the person does not physically harm or choke, suffocate, or strangle the person they are engaging in non-consensual sexual activities with, they have not completed the offence of sexual assault causing bodily harm.

Alone

Where the person is acting alone and does not meet the other elements of the offence by not physically harming, choking, suffocating or strangling the person they are engaging in non-consensual sexual activities with, threatening third parties, or involving a weapon, they have not completed the offence of sexual assault with a weapon, threats to a third party or causing bodily harm.

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