BCIFV home > Overview of Family Violence > 7. Is all family violence criminal behavior?

OVERVIEW OF FAMILY VIOLENCE

CONTENTS
1. Introduction
2. What Do We Mean By Family Violence?
3. How Common Is Violence In The Family?
4. Familial Homicide
5. Criminal Harassment (Stalking)
6. Effects Of Family Violence
7. Is All Family Violence Criminal Behavior?
8. Application Of Civil And Legal Remedies
9. What Services Are Available In BC?
10. References
11. Resources

IS ALL FAMILY VIOLENCE CRIMINAL BEHAVIOUR?

The short answer is "yes", at least potentially. In Canada's Criminal Code, an assault is defined as the application of force, directly or indirectly, or an attempt or threat to apply force, with or without a weapon. The strength of the force applied is immaterial. Assault with a weapon, assault causing bodily harm, or aggravated assault are deemed more serious and carry the potential for longer sentences. Similar definitions exist for levels of sexual assault. Although the term assault applies to physical force, bodily harm means any hurt or injury that interferes with the health or comfort of the complainant and that is more than merely transient or trifling. A broad interpretation of serious bodily harm has been encouraged by the Supreme Court of Canada to mean "any hurt or injury, whether physical or psychological, that interferes in a substantial way with the physical or psychological integrity, health or well being of the client" (Watt & Fuerst, 1993).

With respect to psychological and emotional violence, the Criminal Code was amended in 1993 to strengthen a previous section on uttering threats to the broader concept of criminal harassment. To be convicted of this crime, the prosecution does not have to prove the offender intends to harm the victim in the future, but only that a reasonable person would be afraid, given the circumstances.

Next: Application Of Civil And Legal Remedies

This page last updated September 20, 2000.
Copyright (c) 1996 BC Institute Against Family Violence.