Dahlem Criminal Defence - Sexual Assault and Consent скачать в хорошем качестве

Dahlem Criminal Defence - Sexual Assault and Consent

In this video, founder of Dahlem Criminal Defence, Tyson, explains what consent is in relation to sexual assault. For more information, please visit https://dahlemdefence.com Hello, I’m Tyson Dahlem. I am a criminal defence lawyer. The information in this video does not create a lawyer client relationship. Always consult a lawyer about your specific situation, as the law can change significantly from place to place and time to time. Sexual assault is a crime that is being prosecuted more and more. Many, if not most, sexual assault prosecutions turn on the question of whether one person consented to the sexual activity in question. Sexual assault is defined in the Criminal Code of Canada as contact with a person without their consent. That contact must be for a sexual purpose. This definition covers activity from unwanted gropes or kisses to what used to be referred to in law as “rape”. Sexual activity is only legal when BOTH or ALL persons involved consent. Consent is defined in s. 273.1(1) as voluntary agreement to engage in the sexual activity in question. Legal sexual touching requires that the person positively and affirmatively communicate consent, by words or action. Silence is not consent. No reaction is not consent. Simply put, if a person says yes, that is consent. If a person nods their head, that is consent. NO RESPONSE IS NOT CONSENT. The Criminal Code also provides example of when there is no consent. These are: 1) - anything a person says or does that shows that they are not consenting. 2) - anything a person does that shows that they are no agreeing to continue an activity already started. A person who has previously consented to sexual activity can change their mind at any time. 3) - the person is incapable of consenting to sexual activity for some reason. A common one is because the person is unconscious. UNCONSCIOUS PEOPLE are incapable of consenting to sexual activity. 4) - the consent is the result of a person abusing a position of trust, power, or authority over the person consenting. For example, if a teacher is in a sexual relationship with a student, that student probably cannot legally consent. 5) - no person can give consent on behalf of another person. 6) - many people cannot legally consent to sexual activity because of their age. These rules are somewhat complex and won’t be explained in this video. It is easy to see how the question of consent can be very very tricky, especially when the people involved are intoxicated. It is usually not a defence to a charge of sexual assault to “I thought she had consented, or I thought he had consented.” This defence is called “honest but mistaken belief in consent”. It cannot be used when 1) - the belief is held by a person who was intoxicated and results from that intoxication 2) - the belief is held by a person who was reckless whether the other person was consenting, or 3) - the belief is held by a person who is willfully blind – in other words ignoring – things that show a lack of consent. 4) the belief is held by a person who didn’t take proper steps to determine if there was consent. So what does all this mean to the everyday person? It is simple. Ask if the other person is consenting. It may not seem romantic, it may not seem sexy, but it will keep you out of jail. Don’t have sexual contact with extremely drunk people. Don’t have sexual contact with unconscious people. Don’t have sexual contact with people who might be underage. If you have started sexual contact with a person, and that person changes their mind and says “no”, you must stop the sexual contact. Sexual assault is an extremely serious charge to be prosecuted for, but it can be completely avoided by simply making sure the other person is consenting to any sexual activity.