ROSENET-CA: - Facts - Forms of Abuse

What are the different forms of abuse?

Spousal abuse takes many forms. These are some examples.

Physical abuse — pushing, shaking, grabbing, biting, slapping, punching, kicking, choking, and stabbing, making threats to hurt the spouse or others, throwing objects, using a weapon..
Sexual abuse - forced or unwanted sexual activity
Financial abuse - you are not allowed to have any of your own money and you have to account for every penny you are given, theft of money or possessions, using a credit card without permission, forging signatures on cheques or other documents.
Psychological/emotional or verbal abuse — when your husband puts you down, calls you stupid, threatens to send you back to your country.

Some forms of spousal abuse are also crimes. Other actions may be abusive, but are not defined as a crime.

What does the law say about ...?

physical abuse
sexual abuse
financial abuse
psychological/emotional or verbal abuse
other offences that might be part of spousal abuse, such as forced confinement, neglect, mischief, or cruelty to animals

Physical Abuse

The laws in Canada do not permit physical abuse to take place. The Criminal Code of Canada describes the different offences that someone can be charged with for taking actions leading to physical abuse. Depending on how much someone is hurt, physical abuse offences range from simple assault to attempted murder or manslaughter, or murder.

The criminal charges that might be laid depend on how and why an incident happened. The Criminal Code defines the offences. When charging a person with a crime, the police must ensure the abusive behaviour fits the definition of the crime. Charges might be

assault with a weapon

aggravated assault

unlawfully causing bodily harm

attempted manslaughter

attempted murder or murder

The three types of assault are:

Simple assault (usually called common assault). Examples are slapping, pushing or shoving, pinching, or a threat to harm you or your children.

Assault with a weapon or causing bodily harm. Examples are an assault when you are beaten with a baseball bat, assault when you get a black eye or broken bones or when you are threatened with a weapon.

Aggravated assault is an assault where your life is endangered or you are injured. Examples are being told that you would be killed or your injuries left a scar or a limp.

Unlawfully causing bodily harm might be charged by itself, or together with a charge of assault. It refers to an act that most people know would likely result in injury. The injury or harm has to be fairly serious. The charge will usually be used when the act of violence was done purposely to another person.

Sexual Abuse

Sexual abuse is forced participation in any type of sexual activity. No one, not even a husband, has the right to force a woman to participate in sexual activity if she doesn't want to. If your husband forces you or uses threats to make you take part in sexual activity, he can be charged with sexual assault.

There are three offences involving sexual abuse of an adult:

Sexual assault is an assault committed in circumstances of a sexual nature in a way that the sexual integrity of the victim is violated.

Sexual assault either (a) with a weapon, or (b) while threatening to harm someone else, e.g., a child, or (c) by causing bodily harm to the victim.

Aggravated sexual assault is committed when the attack wounds, maims, disfigures, or endangers the life of the victim.

There is no longer a criminal offence called "rape". It is seen as a sexual assault. Sexual assault can occur between people who are married.

Financial Abuse

Criminal offences can apply to situations of financial abuse. For example, the offences of theft, fraud or forgery might occur by actions such as stealing possessions or forging a signature on a cheque or a credit card. The offences may be hard to prove in a family situation where the pattern has been one of joint finances. Ask advice from the police or a lawyer to see if the financial abuse you are suffering is punishable by law.

Also, the behaviour might be financial abuse, but more difficult to define as a crime. For example, if you do not have access to family money and have to beg your husband to buy you things, that is financial abuse but difficult to define as a crime.

Psychological/Emotional or Verbal Abuse

When your partner or husband does things to control or degrade you, this is called psychological and verbal abuse. You can be hurt emotionally by your husband. He may call you names, make fun of you and make you feel worthless by putting you down. He may threaten to send you back to your home country. He may threaten to take the children with him to another country.

Criminal Code offences that might apply to psychological/emotional or verbal abuse:

Uttering Threats

Forced Confinement

Failure to Provide the Necessities of Life

Cruelty to Animals

Certain aspects of psychological abuse may be covered in the Criminal Code offence of uttering threats.

A person commits the offence of uttering threats if he or she:

threatens to cause death or harm to someone

threatens to burn, destroy, or damage property

threatens to kill or hurt an animal or bird that belongs to the person being threatened.

Forced confinement is when someone does not allow another person out of a house, room, bed or chair, for extended periods of time. If your spouse locks you in the house when he goes out, that is "forced confinement".

There is an offence of forcible confinement when a person is confined or imprisoned against his or her will.

There is also a criminal offence of failing to provide the necessities of life to a spouse or partner. Necessities of life include such things as food, a place to live, and medical aid.

Isolation and neglect can happen when you are dependent on your spouse to meet your basic needs and those of your children. He might "isolate" you when he stops you from participating in your community and monitors or controls your relationship with your family. He would be "neglecting" you if he were to disappears from time to time leaving you with no money for your basic needs, such as food, clothing, and transportation. Isolation might be difficult to define as a crime. Neglect may fit within the definition of failure to provide the necessities of life.

Damage to property may be covered by the offence of mischief. Mischief includes deliberately destroying or damaging property, such as furniture, appliances, or cars, and making it work poorly or not at all.

There are also offences dealing with cruelty to animals. If he hurts, wounds, or kills pets or damages property, he may be suggesting that "you will be next."

It is important to remember that whenever a person is charged with a criminal offence he or she is innocent until proven guilty. The lawyers who prosecute offenders have to prove he or she committed an offence beyond a reasonable doubt. In order to prove an offence has been committed, they need evidence. If you are a victim of abuse consider keeping a record of the times when you are abused or when you get medical treatment. This record may be useful in any later prosecution of the abuser.

Updated: May 2002