LAWS 2307 ‑ The Law of Sexual Offences

CREDIT HOURS: 2

This will be an advanced criminal law course aimed at students who are interested in developing substantive expertise in the law of sexual offences. The focus of the course will be on the legislative framework and case law concerning the prosecution of sexual offences under the Criminal Code of Canada. Topics will include: an in-depth examination of the law of consent (i.e. definition; age; capacity; fraud); ‘defences’ to sexual assault (i.e. reasonable steps/mistaken belief in consent); section 276 (prior sexual history); section 278 (third party records); sexual offences with specific relevance to minors (sexual exploitation, sexual interference, incest); sentencing in sexual offences; other evidentiary and trial process issues as pertains to sexual offences (i.e. corroboration; delayed disclosure/recent complaint; scope of cross-examination; testimonial aids, publication bans); racism, Indigeneity, and sexual orientation in the context of sexual assault law; current law reforms. This course is being proposed at the same time as a proposal for a clinical course – Clinical Advocacy, Law, and Practice: Responding to Sexualized Violence (CALP). This course would serve as a co-requisite for CALP. Students enrolled in CALP would be required to have taken this course the previous year, or be currently enrolled in The Law of Sexual Offences the year they take the clinic.

Prerequisite(s): None.
Co-requisite(s): Evidence Law (LAWS 2008).
Assessment Method: This course will be open to all second and third year students who have taken or are currently enrolled in LAWS 2008 Evidence Law. This will be an exam-based course. It will be offered in the Fall semester.
Restrictions: None.