Sexual Assault Laws
Bill C-52 introduced a number of key changes, one of which was introducing tiers of sexual assault. How many tiers were introduced?
Three tiers (Levels 1, 2, and 3)
Define "consent"
Consent can be defined as agreeing to engage in sexual activity with someone else.
What was Jian Ghomeshi charged with?
Sexual assault
Who represented Jian Ghomeshi during his trial?
Marie Henein
What was the final verdict in the Jian Ghomeshi trial regarding the charges of sexual assault?
He was acquitted of all charges
What are the three conditions that invalidate consent?
1. Consent obtained through coercion, violence, or threats
2. Intoxication (alcohol or drugs)
3. Unconsciousness
How was the term "sexual assault" defined in the Criminal Code of Canada prior to 1983?
Sexual assault was defined as "rape"
True or false, Jian Ghomeshi was most well-known for his role as a radio host on CBC.
True
The trial of Jian Ghomeshi relied on the testimonies of how many individuals?
Three complainants
Which legal principle was central to the defence's argument during Ghomeshi's trial?
a) The presumption of innocence
b) Strict liability
c) Double jeopardy
d) Self-defence
a) The presumption of innocence
True or false, one of the changes introduced by Bill C-52 was that spouses could no longer be charged with sexual assault.
False; this change meant that spouses could now be charged with sexual assault.
How does the Criminal Code of Canada define sexual assault?
a) "Any type of sexual act committed by an individual in public"
b) “Any unwanted sexual act done by one person to another or sexual activity without one person’s consent or voluntary agreement”
c) "Any unwanted sexual act committed by one individual to another under the legal age or without consent"
d) "Any sexual act that is committed between consenting adults"
b) “Any unwanted sexual act done by one person to another or sexual activity without one person’s consent or voluntary agreement”
How did the sexual assault allegations against Jian Ghomeshi impact his role as a radio broadcaster?
Ghomeshi was fired by the CBC in 2014, as allegations of sexual assault and sexual harassment came out.
How did the defence characterize the relationships between Jian Ghomeshi and the complainants?
As consensual
In writing his decision, the judge presiding over the Jian Ghomeshi trial stated that ________.
a) The evidence was sufficient for conviction
b) The complainants' testimonies were credible
c) The evidence presented was insufficient to prove the charges beyond a reasonable doubt
d) The case demonstrated a clear violation of consent
c) The evidence presented was insufficient to prove the charges beyond a reasonable doubt
Sexual assault involving a weapon or causing bodily harm is classified as level _____ sexual assault.
1, 2, or 3
2
A "not guilty" verdict means:
a) The evidence was fabricated.
b) The person is innocent.
c) The prosecution did not prove the defendant's guilt beyond a reasonable doubt.
d) The crime did not occur.
c) The prosecution did not prove the defendant's guilt beyond a reasonable doubt.
Jian Ghomeshi faced a total of ______ charges.
a) Four charges: three counts of sexual assault and one count of overcoming resistance by choking.
b) Four charges: three counts of sexual assault and one count of assault causing bodily harm.
c) Four charges: three allegations of sexual misconduct and one charge of harassment.
d) Three charges of sexual assault.
a) Four charges: three counts of sexual assault and one count of overcoming resistance by choking.
What specific legal strategy did Marie Henein employ to challenge the prosecution's case?
a) She focused on the emotional testimonies of the witnesses.
b) She emphasized inconsistencies in the witnesses' statements, creating reasonable doubt about their credibility.
c) She introduced expert witnesses to discuss the psychological effects of trauma on memory.
d) She presented a timeline of events that contradicted the allegations.
b) She emphasized inconsistencies in the witnesses' statements, creating reasonable doubt about their credibility.
What key point does Henein make about the concept of justice in the legal system?
a) Justice guarantees a specific outcome for all cases.
b) Justice requires that all witnesses are believed without question.
c) Justice ensures that everyone receives a fair trial and the opportunity to be heard.
d) Justice is defined by the public's perception of the trial's outcome.
c) Justice ensures that everyone receives a fair trial and the opportunity to be heard.