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Many people believe that the term assault refers only to a violent physical attack. However, under the Criminal Code, an act can be considered an assault even if there is no actual physical contact. There are different types of assaults that depend on the circumstances.
There are a number of offences that deal with assaults. These depend on the nature of the assault, whether a weapon was used and whether the victim was physically harmed. To prove an assault, it is not necessary to show that there was actual force used or that the victim was physically harmed. Using minimal amounts of force against someone without their consent can be an assault.
An assault can include any of the following acts:
Sexual assault is a separate offence and is discussed separately here.
There must be a deliberate action or intention to either use force or threaten force against someone else. For example, if you accidentally bump into someone, you are applying force to them. Since you did not intend this, however, it is not considered an assault. Similarly, if force is applied because of a reflex action, such as a sudden movement when startled, there is no assault.
In some circumstances, it is possible to consent to an action that otherwise might be considered an assault. Suppose that two people agreed to engage in a wrestling match with each other. Each will apply force to the other person. However, because they have agreed to the force that will be applied against them, no assault has occurred.
Another example might be where someone enters a sporting event, such as hockey or football. These sports often involve use of force such as bodychecks or tackles. People who participate in these sports agree to such contact as a recognized part of the game.
In the case of sporting events, the body contact must fall within the accepted standards of the game. In deciding whether someone has consented to the use of force against them in a sporting context, the court will consider such things as:
The force that is being consented to must be within reasonable limits. If someone purposefully tries to injure a sport opponent, they cannot claim that the other person consented to the risk.
Consent cannot be forced or coerced. It is not consent if an assault victim merely goes along with something, such as a fistfight, in which they feel there is no practical choice to opt out. The consent must be given freely and with a full understanding of the risks involved.
There are a number of defences that can be raised against a charge of assault. Successfully raising such a defence may result in the accused being acquitted. These defences include:
Compulsion is not a defence to more serious assault charges. This means that someone accused of assault cannot claim that they were forced to commit the assault by a third person. An accused also cannot claim that they did not know what they were doing, and lacked the mental ability to commit the crime, because they were drunk at the time.
The Criminal Code sets out different maximum sentences for assault convictions depending upon the circumstances. There is no minimum sentence. The maximum sentence for:
There are a wide range of sentences possible for most crimes, including assault. The law usually sets a maximum and sometimes a minimum sentence for each crime. A judge rarely gives the maximum sentence. The maximum sentence is for the worst offender who has committed the worst type of the offence.
It is a criminal offence to have non-consensual sexual contact with another person. It is important to understand what is required for consent to be valid.
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