Sexual Assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. The Supreme Court of Canada held that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of the victim. When investigating a sexual assault, there are certain relevant factors to consider:
- The part of the body touched
- The nature of the contact
- The situation in which the contact occurred
- The words and gestures accompanying the act
- All other circumstances surrounding the act
- Any threats that may or may not be accompanied by force
The
victim of the sexual assault can be man or woman and the
attacker can be of the
same sex as the victim. A spouse may be charged with sexual assault upon the other spouse.