Law Essay Sample: Sexually Assaulted

The news article explains a case of sexual assault by two police officers on a fellow police officer. According to the article, two policemen sexually assaulted a policewoman, and there have been no actions taken against the two policemen so far. The article argues that this is unexpected because rape cases are expected to be solved within a very short period since sexual assault does not take a long time to investigate. The fact that the legal system has failed to act shows that there are attempts to hinder pursuit for justice. As it is stated, crimes that are linked to a state official are taken seriously, and investigations are carefully done. However, this has not been witnesses din the case because there seem to be no actions taken against the suspects so far. Additionally, the fact that the department has failed to give information about what has been done so far has caused confusion in the society. There is a need to understand what the legal system dictates in Canada in relation to sexual assault.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

In the article, the kind of sexual assault is not named. However, the Canadian legal system provides that sexual assault include involuntary touching of a person of opposite gender without consent. It also includes rape that is described as forceful penetration of an individual. The assault can also include force kiss, torture during sexual activity as well as the use of drugs to induce an individual to engage in sexual activity.

In Canada, section 273.1(1) describes what amounts to sexual assault. It includes any kind of contact that is not done without appropriate consent (Caringella, 2009). In Section 271, the Canadian constitution criminalizes sexual assault, and this means that the state has the duty to arrest and prosecute the individuals involved after investigations have been done. Any kind of threats by words or a weapon with the aim of forcing an individual to engage in sexual activity is termed as aggravated sexual assault.

According to the constitutional provisions, consent is very crucial in finding out whether the accused individual is a criminal or not. Consent is absent where there is evidence in terms of words that the plaintiff has expressed as well as the physical behaviour of an individual. The law also provides that consent is not present in incidences where an individual uses trust or power he/she has to make the plaintiff engage in the act (Caringella, 2009). In incidences where consent is obtained through power, threats or trust, then such consent cannot be accepted in the court of law.

In this case, the two policemen if found guilty of sexual assault have to be jailed for a maximum of 10years. In cases where there is a use of weapons or threats to a third party as well as bodily harm, 14 years in prison is the punishment. Aggravated sexual assault may mean that the two policemen are given a sentence between 25years to life imprisonment (Flaherty, 2012).

Though the Canadian law does not specify the effects of engaging in rape, it is obvious that there is a law that protects women in the country to ensure that they are not sexually assaulted. Investigations have to be completed and if the two individuals are found guilty, the punishment should range from 10 years to life imprisonment depending on the weapons used and injuries that the victim has got (Flaherty, 2012).

References

Caringella, S. (2009). Addressing rape reform in law and practice. New York: Columbia University Press.

Flaherty, D. H., Girard, P., Phillips, J., & Osgoode Society. (2012). Essays in the history of Canadian law. Toronto: Published for the Osgoode Society by University of Toronto Press.