INTRODUCTION AND BRIEF DESCRIPTION
The penalty for violating subsection (1) is a summary conviction.
SECTION WORDING
276.3(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 276.3(2) of the Criminal Code of Canada is a provision that imposes criminal liability on any person who violates subsection (1) of the same section. This subsection outlines the rules that govern the admissibility of evidence relating to the sexual past of a complainant in a sexual assault trial. It prohibits the introduction of such evidence unless specific criteria are met and the court authorizes its admission. The provision serves to protect the dignity and privacy of complainants in sexual assault cases and prevent their past sexual experiences from being used to undermine their credibility or shift blame onto them. The Criminal Code recognizes that such evidence is often irrelevant and prejudicial, as well as being a source of shame and stigmatization for victims. Under Section 276.3(2), any person who knowingly contravenes subsection (1) by introducing evidence of the complainant's sexual past without proper authorization commits an offence. This offence is punishable on summary conviction, meaning the penalty is a fine or up to six months in prison, or both. The provision reinforces the importance of fair and just trials in sexual assault cases and sends a strong message that the rights and dignity of complainants must be respected throughout the criminal justice process. It also serves as a deterrent to those who may be inclined to use irrelevant and prejudicial evidence to undermine the credibility of sexual assault complainants. Overall, Section 276.3(2) is a crucial component of the Criminal Code's provisions on sexual assault and plays a vital role in ensuring that justice is served in a manner that is both fair and respectful of the rights and dignity of all parties involved.
COMMENTARY
Section 276.3(2) of the Criminal Code of Canada deals with the controversial yet essential topic of consent in sexual assault cases. The section specifies that any individual who violates subsection (1) (which discusses consent in relation to sexual assault trials) shall be deemed guilty of an offense and shall be liable to penalty on summary conviction. The section plays a crucial role in ensuring that individuals do not perpetrate sexual assault or take advantage of someone's vulnerability for their own pleasure. The law recognizes that active and informed consent is crucial for sexual encounters to be free of coercion and violence. The significance of subsection (2) lies in its provision of punishment for individuals who do not acknowledge the significance of consent. Although sexual assault is an offense, many perpetrators continue to believe that they are entitled to their prey, regardless of the latter's disinterest in sexual activity. The section suggests that such violators will face the consequences of their actions and offer a useful deterrent for potential perpetrators. It is important to note that section 276.3(2) must be read in conjunction with other sections of the Criminal Code, particularly section 276, which outlines the criteria for determining whether or not an alleged victim was sexually assaulted. The section acknowledges the importance of establishing real consent by outlining legal standards that must be met before a sexual encounter is considered consensual. However, as with any legal provision, section 276.3(2) is not without its limitations. For instance, some critics point out that the standard for legal consent is nebulous and may result in considerable ambiguity in court. The definition of consent is highly context-dependent and must be determined on a case-by-case basis, making it challenging for judges and lawyers to apply the law appropriately. Moreover, some feminists argue that assigning the onus of demonstrating non-consensual sexual activity to the alleged victim may lead to an unfair burden of proof. This can also create a distorted understanding of consent, with victims being held responsible for the actions of their assailants. Despite its limitations, section 276.3(2) of the Criminal Code of Canada remains a crucial legal provision that protects the vulnerable and prosecutes those who engage in non-consensual sexual activity. It offers a valuable mechanism for deterrence and promotes a culture of respect for sexual autonomy. While the legal standard for consent may vary and evolve over time, the principle remains essential to preventing sexual violence in Canada.
STRATEGY
Section 276.3(2) of the Criminal Code of Canada is a provision that deals with the criminal offence of violating subsection (1) of the same section. Subsection (1) provides guidelines on the admissibility of evidence relating to the sexual activity of a complainant in sexual assault trials. Specifically, it bars the use of evidence that seeks to establish that the complainant's sexual conduct is relevant to their credibility or consent, except in certain limited circumstances. The offence created under subsection 276.3(2) is punishable on summary conviction, which means that it is less serious than an indictable offence. Strategic considerations when dealing with this section of the Criminal Code of Canada include the following: 1. Compliance with the Law: Individuals and organizations that are involved in sexual assault trials must ensure that they comply with the law. This includes carefully reviewing and understanding the provisions of subsection 276.3(1) and ensuring that any evidence presented in court is admissible. Failure to comply with the law could result in a criminal conviction for violating subsection 276.3(2), leading to penalties such as fines, probation, or even imprisonment. 2. Use of Expert Witnesses: Given the complexity of the issues involved in sexual assault trials, it may be wise to hire expert witnesses to testify on behalf of the accused or the prosecution. Expert witnesses can help to explain complex legal concepts, scientific evidence, or medical evidence to the jury, increasing the chances of a favorable verdict. They can also provide insight into the credibility and reliability of the complainant. 3. Jury Selection: The selection of the jury is a critical strategic consideration when dealing with section 276.3(2) of the Criminal Code. It may be advantageous to select jurors who have prior knowledge or experience with sexual assault and related issues. For example, individuals who have worked with sexual assault victims or who have undergone training in the subject matter may be more empathetic and understanding towards the complainant. This, in turn, could increase the likelihood of a not-guilty verdict. 4. Media Strategy: Sexual assault trials often attract media attention, which can influence public opinion and the outcome of the trial. It is, therefore, important to have a well-planned media strategy that anticipates potential issues and promotes favorable coverage. This could involve engaging with the media before, during, and after the trial and providing accurate and timely information to the media. Some strategies that could be employed when dealing with section 276.3(2) of the Criminal Code include: 1. Hire a Skilled Lawyer: Sexual assault trials are complex and require an experienced and skilled lawyer. The lawyer should have prior experience handling sexual assault cases and be well-versed in the provisions of section 276.3 of the Criminal Code. They should also have a deep understanding of the legal principles and procedures involved in the trial. 2. Conduct a Thorough Investigation: A thorough investigation is critical in building a strong defense in a sexual assault trial. This could involve gathering evidence, interviewing witnesses, conducting background checks, and reviewing the complainant's medical and mental health records. 3. Develop a Strong Defense Strategy: A strong defense strategy is critical in sexual assault trials. This could involve arguing that the accused did not engage in sexual assault, questioning the credibility of the complainant, or presenting evidence that shows that the complainant gave inconsistent or unreliable statements to the police. 4. Develop a Support Network: Sexual assault trials can be emotionally challenging and stressful for both the accused and their family and friends. It is, therefore, important to develop a support network that provides emotional and practical support throughout the trial. This could involve seeking support from a therapist, joining a support group, or seeking advice from a legal professional or social worker. In conclusion, section 276.3(2) of the Criminal Code of Canada creates an offence that prohibits the violation of subsection 276.3(1) in sexual assault trials. When dealing with this section, strategic considerations such as compliance with the law, jury selection, and media strategy are critical. Employing strategies such as hiring a skilled lawyer, conducting a thorough investigation, developing a strong defense strategy, and developing a support network can increase the chances of a favorable verdict.