Quote:
Originally Posted by RainyEyes
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.