Module 6

Actus reus

The prohibited act in a crime.

Mens rea

The guilty mind or intent in committing a crime.

Touching

A physical act that qualifies as the actus reus of sexual assault.

Consent

Voluntary agreement to engage in the sexual activity in question.

Subjective consent

The actual state of mind of the complainant regarding consent.

Implied consent

Consent that is not explicitly communicated; ruled out in sexual assault law.

Ewanchuk

A case clarifying that consent cannot be implied and must be actively communicated.

Capacity to consent

Having an operating mind capable of understanding the sexual activity.

Mistaken belief in consent

An individual's belief that consent was given, which may negate mens rea if genuinely held.

Wilful blindness

A legal doctrine where an individual is aware of a substantial risk but chooses to ignore it.

Self-induced intoxication

Being intoxicated as a result of one's own actions, which cannot excuse actions taken.

Communicated consent

Explicitly conveyed agreement to engage in sexual activity.

Chase case importance

It defines what constitutes a sexual assault.

Reasonable observer test

A test to determine if the conduct would be considered sexual in a reasonable context.

Factors under Chase

Relevant factors in determining if an assault is sexual: body part touched, nature of contact, circumstances, words/gestures, threats, accused's motive.

Legally invalid consent

Consent that is not valid if obtained through force, fear, threats, fraud, or abuse of authority.

Advance consent

Consent given prior to the activity, which cannot be considered valid if the person is unconscious.

Barton case significance

Establishes that accused must have an honest belief in communicated consent, not just assumptions.

Mistake of law

A belief in the law that is incorrect; generally not a defense.

Mistake of fact

A misunderstanding of the facts surrounding consent; may be a defense.

Key lesson from V(KB)

Flexibility in applying the standards for determining sexual assault.

Expedited judicial response

Judiciary's adaptability to interpret consent and assault in varying circumstances.

Misreading communicated consent

Failing to interpret explicit consent correctly; relevant in distinguishing between a fact mistake and a law mistake.

Sexual autonomy

The right of individuals to make decisions regarding their own sexual activities, protected by law.

Sexual assault

A crime that involves non-consensual sexual contact.

Honest belief in consent

A belief that can negate mens rea if genuinely held, even if unreasonable.

Legal implications of intoxication

Intoxication may invalidate the capacity to consent depending on the degree.

Reasonable steps in consent assessment

The necessary actions an accused must take to ensure they have valid consent before engaging in sexual acts.

Sexual nature of contact

The context in which the touching occurs that contributes to defining it as sexual.

Absence of consent

A key element required to establish that a sexual assault occurred.