Women's Studies 2160A/B Lecture Notes - Lecture 3: Assault Causing Bodily Harm, Sexual Assault, Ion

• School: Western University
• Department: Women's Studies
• Course: Women's Studies 2160A/B
• Professor: Katherine M Mc Kenna

Document Summary

The law of sexual assault: lacks the power to regulate sexual law. Does the particular wrong doing deserve justice. Rape replaced with 3 tiers of sexual assault. Sexual assault defined in gender neutral terms: sexual assault, sexual assault causing bodily harm, sexual assault using a weapon. Supreme court of canada (scc) defines sexual in sexual assault. Ssc holds that past history of the victim can be used ins some circumstances. Ssc holds that private records of victims can be used in some circumstances. Scc says that silence does nto constitute consent and that sexual touchin g is only lawful if the women affirimitaly communicated her consent whether through words or conduct. Ssc holds that consent cannot be communicated in advance (r v ja) Ssc holds that consent is negated where the other party has failed to disclose their hiv status if there is a significant risk of bodily hamr.