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Old November 14th, 2014, 14:08   #19
Cameron SS
Join Date: Nov 2014
Originally Posted by RainyEyes View Post

265. (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Marginal note:Consent...

Side note: Maybe putting this outside of AV wasn't such a good idea afterall...
Yes, I know. Assault, by definition, requires a lack of consent. You can consent to being punched in the face, and it is not an "assault" because there was consent. It would be tautologous to say I consented to a non-consensual act.

Nothing in Section 87 of the Criminal Code addresses consent, and a lack of consent is not a required element of the offence.

87. (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

Consent is not a lawful excuse.

Last edited by Cameron SS; November 14th, 2014 at 14:16..
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