ROSENET-CA: - Rose's Story - Forms of Abuse

"forms of abuse"

Rose experienced abuse when her husband kicked her and called her stupid. This kind of abuse is generally known as wife abuse, spousal abuse, or wife battering.

Spousal abuse takes many forms:

Physical abuse — pushing, shaking, grabbing, biting, slapping, punching, kicking, choking, stabbing.
- It includes threats to hurt the spouse or others.
- It also includes throwing objects or using a weapon.
Sexual abuse — forced or unwanted sexual activity.
Financial abuse — Rose has to ask her husband for money.
Psychological/emotional or verbal abuse — Rose's husband called her stupid. He told her that he will send her back to her country and that he will take the children.

What the law says 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, isolation and neglect, mischief or cruelty to animals

Physical abuse

The laws in Canada punish physical abuse. It is stated in the Criminal Code. Depending on how much someone is hurt, physical abuse can range from simple assault to attempted murder or manslaughter or murder.

The criminal charges that might be laid depend on how and why it happened. They include:

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 Rose or her children.

Assault with a weapon or causing bodily harm. Examples are an assault where Rose is beaten with a baseball bat, where Rose gets a black eye or broken bone or a threat to use a weapon.

Aggravated assault is an assault where Rose's life is endangered or Rose is injured. Examples are Rose was told that she would be killed or her injuries left a scar or a limp.

Unlawfully causing bodily harm can be charged even where an assault has happened. 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 is 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 Rose's husband forces her or uses threats of force to make her take part in sexual activity, he can be charged with sexual assault.

There are three main offences involving sexual abuse:

Sexual assault is committed in circumstances of a sexual nature in a way that the sexual integrity of the victim is violated. For example, Rose might feel that her sexuality has been betrayed, dishonoured, dirtied or in some way feels she is no longer sexually right.

Sexual assault either with a weapon or while threatening to harm someone else, for example, a child, or 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 of "rape". It is seen as a sexual assault. Sexual assault can occur between people who are married.

Financial Abuse

Financial abuse means having no access to the family's money. Rose works with her husband, but she does not have her own money. She has to beg her husband to buy her things.

Criminal offences involving money, such as theft, fraud or forgery might be difficult to prove in a family situation. If Rose's husband forges Rose's signature to get money from her personal chequing account, he may be charged. Ask advice from the police or a lawyer to see if the financial abuse you are suffering is punishable by law.

Psychological/Emotional or Verbal Abuse

Psychological and verbal abuse happened when Rose was hurt emotionally by her husband. He did things that caused Rose pain and suffering. He did things to control such as calling her names. He made fun of her and made her feel worthless by putting her down. He threatened her with sending her back to her country of origin. He also threatened her with taking the children with him to another country.

Psychological abuse is difficult to define as a crime.

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

A person commits the offence of uttering threats if he:

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.

An abuser might also commit the offence of assault when there is an attempt or threat to use force and the other person has a reasonable belief that the threat will be carried out.

Other Offences

There are four other offences that might relate to your situation:

Forced Confinement

Isolation and Neglect

Cruelty to Animals

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

There is an offence of forcible confinement where a person is confined or imprisoned against her will. There is also a criminal offence of failing to provide the necessaries of life to a spouse or cohabitee. Necessaries of life would include such things as food, medical aid, or heat (in winter).

Isolation and neglect can happen when you are dependent on him 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 disappear from time to time, leaving you with no money for a family situation.

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.