Working with Battered Women: a Handbook for ... - Hot Peach Pages

APPENDIX BABUSE AND THE SASKATCHEWANCRIMINAL JUSTICE SYSTEM RESPONSENot all abusive behaviors can be termed criminal. Verbal abuse such as name-calling is not a crime.Physical and sexual abuse are, however, prohibited by the Criminal Code. This distinction isimportant because it is possible for the police to intervene when a woman is assaulted.A. ASSAULT DEFINEDAssault is a general term used to describe the intentional use of force by one person againstanother. The definition of assault includes threats to use violence. There are severalcategories of assault—the actual charge will vary depending upon how serious the injury to thewoman is. There are separate categories for sexual assaults and for assaults where weaponsare used.Actions such as slapping, shoving and scratching are assault. Thus a woman can complain tothe police about such actions and her complaint can form the basis of a criminal charge ofassault against her partner.Actions that cause serious cuts, broken bones and/or internal injuries are termed assaultcausing bodily harm. The more serious the nature of the injury caused, the more severe thepenalty imposed will be. Police are also more likely to arrest the man if the injury is a seriousone.Uttering threats to injure or kill, whether this is done in person or over the telephone, is alsocriminal behavior, as are threats to destroy property.Sexual assault is a term used to describe any act of a sexual nature done without consent.Forced intercourse is a serious crime whether or not the man and the woman are married.B. WHO CAN LAY CHARGES?Generally, the police will be responsible for initiating charges of assault. The process startswith a complaint from the woman or someone on her behalf. In order to proceed with charges,the police will require evidence. This can be the woman's story or the evidence of a witness tothe assault. The courts do not consider an assault that occurs between partners to be a privatematter. Therefore, a woman who has made a complaint to the police does not have the right todrop charges against her husband.37