Criminal Code: Sexual Offenses & Child Protection

• The Criminal Code addresses sexual offenses and crimes against children, focusing on the frequency and severity of these offenses.
• Considerations include breach of trust, relationships between victim and perpetrator, and communication aspects of the crime.
• Aims to address heinous crimes of sexual abuse against children.

Purpose of Amendments

• To repeal certain sections and amend others within the criminal code, specifically CH 262, related to sexual offenses against children.
• To update the code to reflect changes in the nature of sexual violence against women and children.

Sexual Penetration (Section 6)

• Section 6 of the Principal Act has been repealed and replaced to redefine sexual penetration.
• The definition of an offense is complete when "sexual penetration" or "sexually penetrates" is used if the introduction occurs.
• Sexual penetration includes the introduction of a person's penis into the vagina, anus, or mouth of another person, to any extent.
• Penetration includes the introduction of an object or part of a person's body (other than the penis) into the vagina or anus of another person.
• Exceptions are made for medical procedures carried out in good faith.

Relationship of Trust, Authority, or Dependency (Section 6A)

• When "relationship of trust, authority or dependency" is used in the definition of an offense, the offense is complete upon proof of such relationship between the accused and the victim at the time of the offense.
• A "relationship of trust, authority or dependency" includes circumstances where:
  • The accused is a parent, step-parent, adoptive parent, or guardian of the complainant.
  • The accused has care or custody of the complainant.
  • The accused is the complainant's grandparent, aunt, uncle, sibling (including step-sibling), or first cousin.
  • The accused is a school teacher and the complainant is his pupil.
  • The accused is a religious instructor to the complainant.
  • The accused is a counselor or youth worker acting in their professional capacity.
  • The accused is a health care professional and the complainant is his patient.
  • The accused is a police or prison officer and the complainant is in their care or control.

Knowledge of Age Immaterial (Amendment of Section 209)

• Section 209 of the Principal Act is amended.
• Replacing words "woman or girl" with "person".
• Replacing the word "she" with "the person".

Sexual Penetration of a Child (Section 229A)

• Engaging in sexual penetration with a child under 16 years is a crime.
• Penalty: Imprisonment for a term not exceeding 25 years, subject to Subsections (2) and (3).
• If the child is under 12 years old, the offender is guilty of a crime and liable to imprisonment for life, subject to Section 19.
• If there was an existing relationship of trust, authority, or dependency between the accused and the child at the time of the offense, the offender is guilty of a crime and liable to imprisonment for life, subject to Section 19.

Sexual Touching (Section 229B)

• A person who, for sexual purposes touches with any part of his or her body, the sexual parts of a child under the age of 16 years is guilty of a crime.
• A person who compels a child under the age of 16 years to touch, with any part of his or her body, the sexual parts of the accused person's own body, is guilty of a crime.
• Penalty: Imprisonment for a term not exceeding seven years, subject to Subsections (4) and (5).

Sexual Parts

• "Sexual parts" include the genital area, groin, buttocks, or breasts of a person.
• A person touches another person if they touch the other person with their body or with an object manipulated by the person.
• If the child is under 12 years old, an offender under Subsection (1) is guilty of a crime, and is liable to imprisonment for a term not exceeding 12 years.
• If, at the time of the offense, there was an existing relationship of trust, authority, or dependency between the accused and the child, the offender is guilty of a crime.

Indecent Act Directed at a Child (Section 229C)

• Committing an indecent act directed at a child under the age of 16 years is a crime.
• Penalty: Imprisonment for a term not exceeding five years, subject to Subsections (2) and (3).
• If the child is under 12 years old, an offender is guilty of a crime and liable to imprisonment for a term not exceeding seven years.
• If, at the time of the offense, there was an existing relationship of trust, authority, or dependency between the accused and the child, the offender is guilty of a crime.