INTRODUCTION AND BRIEF DESCRIPTION
Section 287(3) of the Criminal Code of Canada defines that means includes the administration of drugs, use of instruments and any kind of manipulation for the purpose of sexual assault.
287(3) In this section, "means" includes (a) the administration of a drug or other noxious thing; (b) the use of an instrument; and (c) manipulation of any kind.
Section 287(3) of the Criminal Code of Canada defines the term "means" in relation to the offence of sexual assault. This section is important in determining the various actions or behaviours that can be considered as sexual assault under the Canadian criminal justice system. Subsection (a) of Section 287(3) specifies that "means" includes the administration of a drug or other noxious thing. This refers to cases where a person is sexually assaulted through the use of a drug, such as Rohypnol, or other noxious substances that can render them incapable of giving consent. Subsection (b) of Section 287(3) refers to the use of an instrument, which may include objects such as a sex toy or any other object used to penetrate a person's body against their will. This section is particularly relevant in cases where a person is sexually assaulted with an object or instrument. Finally, subsection (c) of Section 287(3) refers to manipulation of any kind. This may include cases where a person is sexually assaulted through coercion, such as blackmail, threats or physical force. In conclusion, this section of the Criminal Code of Canada plays an important role in helping to define the various actions or behaviours that can be considered as sexual assault under the Canadian criminal justice system. It is critical to understand these various means to ensure that those responsible for sexual assault are held accountable for their actions.
Section 287(3) of the Criminal Code of Canada defines the word means" in relation to the offense of sexual assault. The section uses inclusive language to cover a wide range of actions that can constitute sexual assault. These actions include the administration of a drug or other noxious thing, the use of an instrument, and any form of physical manipulation. The purpose of this section is to ensure that the law is comprehensive in its coverage of sexual offenses and that perpetrators cannot use technicalities to escape liability. The inclusion of the phrase means includes" in section 287(3) is significant. The phrase is defined in legal terms as including some additional things beyond the already mentioned matters. This phrasing was chosen to ensure that any activity that meets the definition of sexual assault is covered explicitly under the law. It is intended to ensure that perpetrators cannot use loopholes in the law to evade responsibility for their actions. One scenario that this provision covers is where a person is coerced into sexual activity through the use of drugs. The administration of a drug or other noxious thing could mean administering a pill, an injection, or any other substance - which may be added to a person's food or drink without their knowledge. The drug may cause the victim to feel so disoriented that they cannot resist the sexual conduct that follows. The phrase noxious thing" is broad enough to include any harmful substance, whether it is a drug or not. The use of a substance would, therefore, be covered under this provision if it resulted in sexual assault. Use of an instrument, as mentioned in section 287(3) of the Criminal Code of Canada, is another example of sexual assault. It covers situations where someone is forced to engage in sexual behavior with an object or instrument. This could include a weapon, a foreign object, or any other item that is used to manipulate the victim. The key point here is that the victim did not consent to the activity and that the use of said instrument was a way to force the individual into sexual conduct that they are not comfortable with. The use of force, as defined in Section 265 of the Criminal Code, is an essential aspect of sexual assault. Finally, manipulation in any form is included in the definition of sexual assault under section 287(3). Manipulation encompasses any situation where physical force or threats are used to compel a victim to engage in sexual activity. It includes situations where someone is forced to continue with sexual activity despite explicitly stating that they do not want to continue. Manipulation can take many forms, including threats of violence or blackmail. In conclusion, section 287(3) of the Criminal Code of Canada is essential in defining the various forms of sexual assault in the country. It includes a wide range of actions that could lead to sexual assault, including the administration of a drug or other harmful substance, the use of an instrument, and manipulation of any kind. The inclusion of these in the definition of sexual assault sends a clear message to perpetrators of such crimes that there is no escape from the law. It is also crucial for survivors of such heinous crimes to know what constitutes sexual assault so that they can take action against their abusers. Overall, section 287(3) is a critical tool in the fight against sexual assault in Canada.
Section 287(3) of the Criminal Code of Canada outlines the various methods that can be used to carry out the offence of abduction. This provision is crucial for both the prosecution and the defense in cases of abduction. There are several strategic considerations that should be taken into account when dealing with this section of the criminal code. One of the main strategic considerations is the interpretation and application of the term "noxious thing" in subsection (a) of 287(3). This term is not defined in the Criminal Code. However, it is generally understood to include any substance that can cause harm, such as drugs and chemicals. Prosecutors may argue that the administration of a tranquilizer or other drug, even with the victim's consent, would amount to an abduction when the other elements of the offence are present. Defense lawyers, on the other hand, may contest such an interpretation, arguing that the drug or chemical was administered for medical or other legitimate purposes. Another strategic consideration is the use of an instrument under subsection (b) of 287(3). This term can refer to any physical tool that is used to facilitate the abduction, such as ropes, chains, or handcuffs. Prosecutors may argue that the mere possession of such an instrument indicates premeditation or intention to commit an abduction. Defense lawyers, on the other hand, may argue that the instrument was intended for a lawful purpose or was not intended to be used in the commission of an abduction. Manipulation of any kind under subsection (c) of 287(3) is another strategic consideration. This can refer to any type of physical contact or action taken by the abductor to influence the victim's movements or behavior. This can range from physical force to psychological manipulation. Prosecutors may argue that this element is met when the abductor uses anything from force to flattery or emotional manipulation to control the victim's actions. Defense lawyers, on the other hand, may argue that consent was given or that the interaction was part of another legal activity, such as a consensual BDSM relationship. One strategy that can be employed by the prosecution is to prove that the abductor had the requisite mental state for an abduction offence, which is intent. This requires proof that the abductor intended to take the victim away or detain them against their will by means of any of the methods outlined in section 287(3). The prosecution may also seek to prove that the abductor had an additional intention, such as to harm or sexually assault the victim. A defense strategy that can be employed is to argue that the victim willingly went with the abductor or that the interaction was consensual. This can involve questioning the victim's credibility or suggesting that the victim misunderstood the situation. Another strategy may be to challenge the evidence presented by the prosecution, such as questioning the authenticity of physical evidence or the reliability of witness testimony. Overall, section 287(3) of the Criminal Code of Canada provides important definitions for the crime of abduction and the strategies that can be employed by both the prosecution and the defense in such cases. The interpretation and application of the various elements outlined in the section will be crucial for establishing guilt or innocence and getting a fair judgment.