A sexual assault within the meaning of s. 246.1 (now s. 271) of the Criminal Code is an assault which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated.
The test to be applied in determining whether the conduct of the accused has the requisite sexual nature is an objective one, namely in light of all the circumstances is the sexual or carnal context of the assault visible to a reasonable observer.
The part of the body touched, the nature of the contact, the situation in which it occurred, the words and gestures accompanying the act, and all other circumstances surrounding the conduct, including threats which may or may not be accompanied by force will be relevant.
The intent or purpose of the person committing the act to the extent that this may appear from the evidence may also be a factor in considering whether the conduct is sexual.
If the motive of the accused is sexual gratification, to the extent that this may appear from the evidence it may be a factor in determining whether the conduct is sexual. Thus the test for recognition of sexual assault does not depend solely on contact with specific areas of the human anatomy such as genitalia and a sexual assault need not even involve an attack by a member of one sex upon a member of the other.
Finally, sexual assault is an offence requiring proof of a general intent only
The test to be applied in determining whether the conduct of the accused has the requisite sexual nature is an objective one, namely in light of all the circumstances is the sexual or carnal context of the assault visible to a reasonable observer.
The part of the body touched, the nature of the contact, the situation in which it occurred, the words and gestures accompanying the act, and all other circumstances surrounding the conduct, including threats which may or may not be accompanied by force will be relevant.
The intent or purpose of the person committing the act to the extent that this may appear from the evidence may also be a factor in considering whether the conduct is sexual.
If the motive of the accused is sexual gratification, to the extent that this may appear from the evidence it may be a factor in determining whether the conduct is sexual. Thus the test for recognition of sexual assault does not depend solely on contact with specific areas of the human anatomy such as genitalia and a sexual assault need not even involve an attack by a member of one sex upon a member of the other.
Finally, sexual assault is an offence requiring proof of a general intent only