Bill C-275 — Law Would Change How Sexual Assault Evidence Is Handled
Changes to Sexual Assault Evidence Rules
This proposed law focuses on recordings of sexual assault. It calls these recordings "sexual assault material." This means videos or photos that clearly show sexual acts happening without consent. The proposed law would make it a crime to create, share, or have these recordings. If you make or share them, you could face up to 14 years in jail and a $100,000 fine. Even just having these recordings could lead to 5 years in jail and a $50,000 fine. Even accessing the material could lead to 10 years in jail and a $50,000 fine. There are some exceptions. For example, if the material is used for legal, medical, or educational reasons, it might be allowed. This matters because it aims to protect people from the harm caused by these recordings. It also sends a message that making and sharing these recordings is a serious crime. It could affect anyone who creates, shares, or possesses this type of material. It also affects victims of sexual assault, as it aims to prevent the spread of recordings that violate their privacy and dignity.
Where this proposed law falls on the policy spectrums that Canadians care about
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Sign up free — 30 secThis proposed law creates new crimes for making, sharing, or possessing visual recordings of sexual assault. It also tries to protect people by saying it's not a valid defense to claim you thought the assault was consensual, unless you took steps to confirm it was.
Things to Watch For
- The definition of 'sexual assault material' could be interpreted differently by different people.
- It is unclear how 'reasonable steps to ascertain consent' will be defined and proven in court.
- The penalties for accessing the material are different than for possessing it, but the difference is not explained.
- The law does not say who will be responsible for enforcing these new rules.
- The law does not address whether platforms hosting this material will be held responsible.
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How likely this proposed law is to be approved
This proposed law was introduced by an individual Member of Parliament, not the government, so it is less likely to pass. Also, it hasn't been selected for debate yet, making passage unlikely.
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