Criminology: Understanding Sexual Assault Offenses in Canada

This criminology paper discusses sexual assault offenses in Canada, their statistics, and criminological theories. It also explains the program used to decrease them. Sexual assault is defined as an intentional sexual touch without consent or forced sexual intercourse. The criminal code of Canada section 265 clearly explains the crimes of sexual assault and assault. Sexual assault constitutes various actions ranging from assault or sexual abuse. Sexual assault victims are at higher chances of having depression and anxiety. The critical theory of criminology is selected to explain why sexual assaults crimes are committed. The criminal justice has responded to sexual harassment in Canada by advising employers to handle internal issues relating to sexual assault.

Running head: CRIMINOLOGY 1
Criminology
Name of the Student
Name of the University
Author Note

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Introduction
For the purpose of this criminological paper, we shall look at various categories of crime data
that relates to sexual assault offense. In this case, the selected UCR crime is sexual assault.
Sexual assault is defined as an action where by an individual touches another person sexually
in an intentional manner without his or her coerces or consent. It also involves forced sexual
intercourse without the other person's approval. Sexual assault is one of the kinds of sexual
violence that involves among others rape, torture, child sexual abuse and groping. Hence
forth sexual assault involves child abuse, Domestic violence, elderly sexual assault, sexual
harassment and finally mass sexual assault. The criminal code of Canada section 265 clearly
explains the crimes of sexual assault and assault. As per section 271, it is criminal to engage
in sexual assault in the area of Canada. Also section 272 and section 273 make it criminal to
engage in any form of sexual assault that results into body harm, threatens the other part or
using a weapon and sexual assault that is aggravated in nature respectively.
Therefore; this paper will illustrate more about crime, its statistics and various
criminological theories used in Canada to decrease the crime. Sexual assault constitutes of
various actions ranging from assault or sexual abuse. To note, sex assaulters are mostly
supervisors of the victims, co-workers, customers or client. Harassers are always of different
genders either male or female. Most legal settings consider sexual harassment as being
illegal.
However, most of the laws against sexual assault do not condemn simple teasing,
minor isolated cases and offhand comments because they do not consist of the "general
civility code". To note, most of the workplaces sexual assault is considered illegal if it is
severe or frequent thereby creating an offensive or hostile work environment. According to
Canada's code of crime, if an individual accused person is charged with committing an
offense under "section 151 or 152, subsection 173(2) or section 271" in favor of the client

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being harassed is a defense that person harassed is the subject matter. if the person is guilty of
sexual harassment, he or she is imprisoned for at least 14 years in prison. According to
Canadian Code of crime, if the person is guilty of sexual harassment, he is punished basing of
brief conviction and he or she is also imprisoned for at least 2 years (Federal Bureau of the
investigation, 2017). Therefore, sexual assault is a very serious offence depending on the
nature of assault committed if its sexual harassment the above actions may apply, it is rape it
may and other offences which are capital by their very nature may result into life
imprisonment depending.
Legal Definition of Crime
A crime refers to the act omitted or committed that violets the public rules or law,
either commanding or forbidding it. In other words, a crime is a violation or breach of a given
public duty or right of the entire community. The term crime includes all categories of
offenses but mostly limited to "confined felony." In this case, an offense can be assumed to
have the same meaning with a crime but it’s any crime that is not described but punishable. In
addition, felony refers to any serious crime that is punishable by one or more years in prison.
Felony includes custodial interference and kidnapping. In this case, crimes are always
assessed and punished by the state and also common law. Further, most of the offenses are
commonly described as statutes. To note, crimes are "mala in se", also bad that is to say;
offenses the violate the moral act or law; or crimes are also "mala prohibita", meaning that
they are badly prohibited of being unlawful to the state policies (Cotter & Beaupre, 2012).
In Canada, sexual assault has always been recognized as an act of discrimination an
individual's gender, violation of the rights of the vulnerable like the young and others. For
very many years, sexual assault was considered by both provincial and federal human rights
body. According to recent statistics of Canada, sexual assault has declined. However, there

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are recent cases in workplaces and schools that indicate continued sexual assaults mostly in
systematic ways that are to say; "throughout a workplace, home, schools as a whole, rather
than single incidents of sexual assault." In case an individual faces sexual assaultswhile at
school or workplace, home on way there are various remedies. Some of the working places
have various sexual harassment laws that require internal remedies and investigation.
However, many people who are sexually assaulted are always lazy to report the cases
due to the fear to lose their jobs, privacy concerns among others. For instance According to
recent sexual harassment statistics of Canada, they indicate that 635,000 incidences happened
in 2014. The rate of sexual harassment has reduced by 87% as compared to the previous
years. According to Boyce (2016), "The reporting rate just keeps dropping and it can’t drop
much lower, and the prevalence stays the same. So we’re not making any progress here".
However, Black et al (2011) describe that the rate of sexual harassment has never decreased
as women always feel powerless whenever issues concerned about sexual harassment re-
discussed making the issues dismissed.
Numhauser & Laulom (2012) explains that sexual assault has continued being a major
problem in Canada for all women, children and other vulnerable populations. In this case,
women that are working in jobs that are not sure or less paying are considered to be
vulnerable. Additionally, women of different color races are always at high risks of facing
sexual assault cases. According to the survey by McLaughlin et al (2012), ninety-four
percent of women have ever experienced sexual assault at their workplaces, home and other
sorroundings while the disabled people faced assault compared to the rest of the people.
Further, at least sixty percent of the people in Canada have ever experienced sexual
harassment both men and women (Breiding et al, 2014). Further, most workers in Canada
experience sexual harassment at least twice a year. In 2016, the police of Canada reported at
least six thousand nine hundred seventeen cases of sexual harassment against both old people

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and children. Most the sexual harassment was against children in form of sexual interference.
Further, the report of Canadian police also indicates an increase in sexual harassment by
thirty percent between 2016 and 2017 ( National Coalition to Prevent Child Sexual Abuse
and Exploitation, 2012).
Victim characteristics (GSS)
According to too the General social survey, sexual assault victims are at higher
chances of having depression and anxiety. In this case, women who are ever experienced
sexual assaults are in most cases likely to acquire signs of depression, anxiety, poor sleep and
'high blood pressure'. In addition, GSS indicates that the victims are always most like to
suffer from such problems in the future. To note, "Experiencing sexual assault does not only
create an implication on some one's life but also his or her job performance and social
functioning”. In addition, sexual assault also creates an implication on some one's physical
and mental health. According to the survey done by Lisak et al (2010), forty women who
have experienced sexually assaults were measured and the results indicated that at least
nineteen percent of the women interviewed experienced sexual assaults. Therefore, people
who had experience in sexual assaults reported poor sleep as compared to those people who
have never experienced sexual assaults. In addition, the victims also had depression and
anxiety symptoms. Therefore, the survey indicates the impact of sexual assaults on the lives
of the victims (Stevens et al, 2013).
Criminological theory
For the purpose of explaining more about sexual assaults crimes in Canada, a critical
theory of criminology is selected. In this case, a critical theory was created by Jurgen
Habermas. The theory illustrates that few of the elite people in the society make their
definitions and laws of crime and those who committed various crimes always disagree with
various laws that were formed to regulate crimes. In this case, the theory is made up of

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different perspectives that create a challenge why various offenses are committed. In
addition, the theory, considers crime to be an oppression product of various workers that are
disadvantaged within the society such as the poor people (Walters et al, 2013). The theory
related to sexual assault as it explains why women are offended by men. Further, critical
theory focuses on analyzing why bosses sexually assault their workers, why teachers harass
students and how the justice system handles sex assaults (Commonwealth of Australia, 2017).
The program used in Canada to decrease sexual assault
The criminal justice has responded to sexual harassment in Canada by advising
employers to handle internal issues relating to sexual assault. In addition, the criminal
systems have advised employers to implement flexible ways of solving the matter before it is
brought to the third party. Therefore, it is the role of employers to use various
recommendations so as to reduce the level of the crime at workplaces. Further, the criminal
justice of Canada has implemented various sexual assault policies that can help in reducing
the rate of crimes (National Coalition to Prevent Child Sexual Abuse and Exploitation, 2012).
Conclusion
In summary, sexual assault in Canada is a continuous problem that does not favor, and
not accepted by the receiver. Sexual assault is in form of physical or visual, verbal and non-
verbal. In Canada, recent reports indicate that sexual assaults have at least decreased as
compared to the past years. In simple terms, sexual assaults may endanger the job of the
victim, health, family, life, his or her job performance and also undermining one's dignity
(Federal Bureau of investigation, 2017).

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References
Black, M. C., Basile, K. C., Breiding, M. J., Smith, S .G., Walters, M. L., Merrick, M. T., …
Stevens, M. R. (2011). The National Intimate Partner and Sexual Violence Survey:
2010 summary report. Retrieved from the Centers for Disease Control and Prevention,
National Center for Injury Prevention and Control:
http://www.cdc.gov/ViolencePrevention/pdf/NISVS_Report2010-a.pdf
Breeding, M. J., Chen J., & Black, M. C. (2014). Intimate Partner Violence in the United
States — 2010. Retrieved from the Centers for Disease Control and Prevention,
National Center for Injury Prevention and Control: http://www.cdc.
gov/violenceprevention/pdf/cdc_nisvs_ipv_report_2013_v17_single_a.pdf
Boyce, J. 2016. “Victimization of Aboriginal People in Canada, (2014).” Juristat. Statistics
Canada Catalogue no. 85-002-X.
Commonwealth of Australia. ( 2017). "Recorded crime – Offenders, 2015-16." Australian
Bureau of Statistics. Catalog no. 4519.0.
Cotter, A. and P. Beaupré. (2012). "Police-reported sexual offenses against children and
youth in Canada, 2012." Juristat. Statistics Canada Catalogue no. 85-002-X
Federal Bureau of Investigation. (2017). Crime in the United States: Preliminary Semiannual
Uniform Crime Report, January-June, 2016. Criminal Justice Information Services
Division. The United States of America.

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Lisak, D., Gardinier, L., Nicksa, S. C., & Cote, A. M. (2010). False allegations of sexual
assault: An analysis of ten years of reported cases. Violence Against Women, 16,
1318-1334. doi:10.1177/1077801210387747
McLaughlin, H., Uggen, C., & Blackstone, A. (2012).Sexual Harassment, Workplace
Authority, and t Connell, R.W. (1987).Gender and Power: Society, the Person, and
Sexual Politics. Stanford: Stanford University Press
Numhauser-Henning, A. &Laulom, S. (2012). Harassment related to Sex and Sexual
Harassment Law in 33 European Countries. European Network of Legal Experts in
the Field of Gender Equality: Discrimination versus Dignity. European Union
National Coalition to Prevent Child Sexual Abuse and Exploitation. (2012). National Plan to
Prevent the Sexual Abuse and Exploitation of Children. Retrieved from
http://www.preventtogether.org/Resources/Documents/ NationalPlan2012FINAL.pdf
()
Stevens, G., T. Hartnagel, D. Odynak, and J. Brazil. (2013). “Demographic trends and crime
in the province of Alberta.” International Journal of Child, Youth and Family Studies.
Vol. 4, no. 1. p. 24-41
Walters, M.L., Chen J., & Breiding, M.J. (2013). The National Intimate Partner and Sexual
Violence Survey (NISVS): 2010 Findings on Victimization by Sexual Orientation.
Retrieved from the Centers for Disease Control and Prevention, National Center for
Injury Prevention and Control:
http://www.cdc.gov/ViolencePrevention/pdf/NISVS_SOfindings.pdf