Sexual Offences

1
Sexual OffencesSexual Harassment

• Legal and Ethical Obligations

2
Briefing Outline

• Define and Distinguish between Sexual Harassment,
  Sexual Assault, and Sexual Misconduct.
• Legal Responsibilities and Obligations of Service
  Members.
• Possible Consequences.
• Effects on Victims and Available Support
  Services.
• Conclusion and Questions.

3
Effects of Sexual Violence

• Destroys trust and confidence
• Failure to respond
• Affects individuals and discipline within the
  unit
• Erodes trust and confidence in the chain of
  command
• Undermines the self-respect and dignity of
  victims
• Impairs the operational effectiveness of the CF

4
Briefing Aim

• To re-acquaint service members with
• the regulations and policies of the CF regarding
  sexual offences and
• legal responsibilities.

5
What this briefing is not about ...

• Not an in-depth examination of the law.
• Not a forum to debate the role of women in the
  military.
• Not a male or female bashing session.

6
Sexual Violence

• Obligation of CF members
• Effect on the CF

7
Minister of National Defence has said ...

• The incidents reported are disturbing. The
  conduct, behaviour and attitudes are disgusting
  and unacceptable. They are counter to the core
  values of Canadians including those of the men
  and women of the Canadian Forces. This type of
  conduct also undermines the morale, discipline
  and cohesion that is vital to the success of any
  military unit.
• I am determined to see to it that we have a
  Canadian Forces where women and men can work
  safely, side-by-side, in a climate of dignity and
  mutual respect, free from harassment and abuse

8
Sexual Harassment

• Harassment-
• Conduct exhibited once or repeatedly, that
  offends, demeans, belittles or humiliates another
  person and that the person exhibiting the conduct
  knew or ought reasonable to have known would be
  unwelcome.
• CFAO 19-39

9
Sexual Harassment

• CFAO 19-39 Examples
• A joke of a sexual nature or connotation that
  causes humiliation or offence.
• A display of material in the workplace in which
  nudity or sexual activity is depicted.
• derogatory or patronizing name calling.
• leering
• a sexually suggestive gesture or obscene comment
  about a persons looks, appearance or body.

10
Sexual Harassment

• Examples continued
• an unwelcome sexual flirtation, advance or
  proposition.
• Persistent unwanted contact or attention,
  including any behaviour after the end of a
  consensual relationship.
• A request for sexual favours.
• An inquiry or comment about a persons sex life
  or bodily functions.
• Verbal abuse or threat of a sexual nature.

11
Sexual Assault

• Component 1 - Assault
• A person commits Assault when
• Without the consent of another person, a person
  applies force intentionally to that other person,
  directly or indirectly
• A person attempts or threatens, by an act or
  gesture, to apply force to another person, if the
  person has, or causes that other person to
  believe on reasonable grounds that they have the
  present ability to effect their purpose or
• While openly wearing or carrying a weapon or an
  imitation thereof, a person accosts or impedes
  another person or begs.

12
Sexual Assault

• Component 2 - Sexual Nature
• Circumstances pointing to assault of a sexual
  nature
• The part of the body touched
• The nature of the contact
• The situation in which contact occurred including
  words, gestures or threats accompanying the act
• All other circumstances surrounding the contact
  including the purpose of the attacker.

13
Sexual Assault

• No consent is obtained where
• The agreement is expressed by the words or
  conduct of a person other than the complainant
• The complainant is incapable of consenting to the
  activity
• The accused induces the complainant to engage in
  the activity by abusing a position of trust,
  power or authority
• The complainant expresses, by words or conduct, a
  lack of agreement to engage in the activity or
• The complainant, having consented to engage in
  sexual activity, expresses, by words or conduct,
  a lack of agreement to continue to engage in the
  activity.

14
Sexual Assault

• Summary
• Touch/Threatens to Touch without Consent
• Intentional Touch
• Touch of a Sexual Nature

15
Sexual Misconduct

• Definition
• An act which has a sexual purpose or is of a
  sexual or indecent nature and which, subject to
  paragraph 4, constitutes an offence under the
  Criminal Code or the Code of Service Discipline.
• CFAO 19-36

16
Responsibilities Consequences

• Responsibility 1
• Not to sexually harass or sexually assault others
• Consequences
• Embarrassment and Damage to Reputation
• Criminal / Disciplinary
• Administrative
• Civil Liability

17
Criminal/Disciplinary Consequences

• Maximum Penalties under the Criminal Code
• Sexual Assault (no weapon or bodily harm) - 10
  years imprisonment.
• Sexual Assault involving a weapon, threats to
  third party, or bodily harm to complainant - 14
  years imprisonment and minimum 4 years
  imprisonment if firearm used.

18
Criminal/Disciplinary Consequences

• Aggravated Sexual Assault - life imprisonment and
  minimum of 4 years imprisonment if firearm is
  used.
• Other sexual offences
• Sexual interference - 10 years imprisonment
• Invitation to Sexual Touching - 10 years
  imprisonment
• Sexual Exploitation - 5 years imprisonment
• Indecent Act - 2000 fine and 6 months
  imprisonment

19
Criminal/Disciplinary Consequences

• Example 1
• 60 days in prison and reduction in rank
• Example 2
• 4 months in prison
• Example 3
• 4 months in prison
• Example 4
• 10 months in prison
• Example 5
• Reduction in rank and administrative release

20
Administrative Consequences

• Suspension from duty
• Moved to another location
• Recorded Warning
• Counselling Probation
• Administrative Release

21
Civil Liability
22
Responsibilities Consequences

• Responsibility 2
• Take appropriate action and report sexual
  offences.
• Become reacquainted with QRO 4.02 and 5.01

23
Responsibilities Consequences

• QRO Requirements
• Become familiar with, observe and enforce the
  NDA, the QRO and all other regulations, rules,
  orders and instructions.
• Promote the welfare, efficiency and good
  discipline of all subordinates.
• Report to the proper authority any infringement
  of the pertinent statutes, regulations, rules,
  orders and instructions governing the conduct of
  anyone subject to Code of Service Discipline.

24
Responsibilities Consequences

• Sexual Harassment - CFAO 19-39
• All other Sexual Offences - CFAO 19-36
• Possible offence under the Criminal Code - refer
  matter to Military Police for investigation.
• Possible offence under the Code of Service
  Discipline - may be investigated by informal
  investigation, summary investigation, board of
  inquiry or military police.

25
Responsibilities Consequences

• Sexual Harassment and Criminal Code Offence
• If charge under Criminal Code likely must apply
  Sexual Misconduct CFAO.
• If not enough evidence for charge under Criminal
  Code must apply Sexual Harassment CFAO.
• Get legal advice.

26
Responsibilities Consequences

• Leadership Responsibilities
• Must intervene and act decisively
• Must enforce all regulations, rules and orders
• Must respond to sexual misconduct

27
Responsibilities Consequences

• Disciplinary Consequences
• Charge under NDA s. 83 - Maximum sentence of life
  imprisonment.
• Charge under NDA s. 124 - Maximum sentence of
  dismissal with disgrace from the CF.
• Charge under NDA s. 129 - Maximum sentence of
  dismissal with disgrace from the CF.

28
Responsibilities Consequences

• Administrative Consequences
• Suspension from duty
• Recorded Warning
• Counselling and Probation
• Administrative Release
• Civil Consequences

29
Responsibilities Consequences

• Responsibility 3
• To provide assistance and support to victims
• To treat the victim appropriately within the unit
• Balance the rights of alleged victims and accused

30
Support Available to Victims

• Complaints may be made to
• Any member of the CF
• Directly to a Commanding Officer
• Directly to the CDS
• To the toll-free complaint lines
• 1-800-290-1019 (English)
• 1-800-290-0893 (French)
• To any padre, social worker or medical personnel,
  the unit legal officer or the military police

31
Conclusion

• CF Position
• Sexual violence will not be tolerated
• Offences to be reported and proceeded with
  properly
• Failure to report will not be tolerated
• Regulations to be enforced equally
• Chain of Command to ensure offences are reported,
  and person reporting not punished
• Chain of Command required to look after all their
  troops, including victims of sexual violence