What Is Overcome Resistance - Choking Charge In Jian Ghomeshi Case?

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WHAT IS OVERCOME RESISTANCE CHOCKING
WINNIPEG, MB - MARCH 29: Jian Ghomeshi the host of the Juno Awards Gala on March 29, 2014 in Winnipeg, Canada. (Photo by Jag Gundu/Getty Images) | Jag Gundu via Getty Images
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Jian Ghomeshi was charged with four counts of sexual assault and one count of "overcome resistance - choking" on Wednesday.

The former CBC Q host has been under investigation since Oct. 31, after three women, including actress Lucy DeCoutere of the "Trailer Park Boys," filed official complaints with the Toronto Police. Ghomeshi is scheduled to appear in court Wednesday afternoon.

Under section 246 of the Criminal Code, the charge of "overcome resistance" is broken down into two parts. A conviction carries a maximum sentence of life in prison.

(a)246. Every one who, with intent to enable or assist himself or another person to commit an indictable offence,

(a) attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious or incapable of resistance, or

(b) administers or causes to be administered to any person, or attempts to administer to any person, or causes or attempts to cause any person to take a stupefying or overpowering drug, matter or thing,

is guilty of an indictable offence and liable to imprisonment for life.

A sexual assault is any form of unwanted sexual contact. It includes, but is not limited to, kissing, grabbing, oral sex and penetration, according to the Toronto Police release on the charges laid against Ghomeshi.

To date, there have been 14 allegations against Ghomeshi, resulting in three official police complaints. Four people have come out with allegations publicly, including lawyer and author Reva Seth, while 10 remain anonymous.

The Toronto Star reported that an anonymous victim in her mid-20s alleged that, in 2012, Ghomeshi choked, hit and used belts with her during sex. She said the host threw her against a wall and left bruises he found “sexy.”

DeCoutere says Ghomeshi also choked her without consent, almost to a point where she could not breathe.

Another anonymous woman told the Star that in 2005, Ghomeshi choked, smothered, bit and groped her on a park bench following an event.

The Huffington Post Canada is tracking allegations about Jian Ghomeshi. If you wish to submit an allegation you can do so via this secure form.

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