What is the Law for Drug Facilitated Sexual Assault?
Levels of Sexual Assault
There are 3 levels of sexual assault
Level 1: Sexual activity or bodily contact for sexual purposes forced on another person (i.e. without their consent). This level of assault involves minor physical injury or no injury to the victim.
Conviction for Level 1 : Punishable by up to 10 years in prison
Level 2: Sexual assault during which the assailant uses a weapon and/or victim’s friends or families to threaten victim, cause bodily harm to victim, or if multiple assailants commit the assault.
Conviction for Level 2: Punishable by up to 14 years in prison
Level 3: Aggravated sexual assault – Victim is wounded, maimed, disfigured, or their life is endangered
Conviction for Level 3: Punishable by up to life in prison
An individual who administers, causes administration of, or causes another person to take a harmful substance, regardless of the result, is guilty of an:
- Indicatable offence and liable to imprisonment of up to 14 years if they did so with intent of causing bodily harm or endangering the life of that person
- Indicatable offense and liable to imprisonment of up to 2 years if they did so with intent of aggrieving or annoying that person
Why do many women choose to not report sexual assault to the police?
The probability that a complaint will eventually lead to a conviction is very low. All reported sexual assaults must be investigated. However, the police may decide there is not enough evidence to pursue a further investigation. If charges are laid, they may be dropped for various reasons including the police determining the victim does not have reasonable grounds or there is insufficient evidence to obtain a conviction.
Criminal Justice Response
There is a guide created by the “Making a Difference Canada Project” which assist support workers, medical examiners, investigators, and prosecutors in responding to DFSA. The 3 principles in the guide are as follows:
- Use integrated approach with community professionals
- Personal bias, values, and judgements should not influence the investigation and it should be led by evidence
- Victim driven investigation with emphasis of the victim’s needs and safety before needs of the investigation
DFSA and the Criminal Code
Consent cannot be obtained if the person is incapable of consenting to the activity (i.e., stoned, unconscious, drunk).
Offenses in which the victim is subjected to non-consensual sexual activity while unconscious or incapacitated as a result of the effects of alcohol or drugs are considered DFSA cases.
Spiking someone’s drink is illegal regardless of the intent and result, even if the drink is not consumed.
For More Information on the Criminal Code for Sexual Violence in Canada and USA please visit the link below.
Contributed By: Sri Gunturi
References
Header image: https://carleton.ca/law/
Image 1: ncsc.org/courthouseplanning/the-courthouse/courtrooms
Image 2: https://www.huffpost.com/archive/ca/entry/sexual-assault-canada_n_6074994