Sexual Assault and Sexual Violence

Sexual Assault:
A criminal offense under the Criminal Code of Canada. Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the survivor and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed or consented to, or to which the person is incapable of consenting.
Sexual Violence:
Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words which indicate a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:

  1. silence or non-communication must never be interpreted as consent and a person in a state of diminished judgement cannot consent;
  2. a person is incapable of giving consent if they are asleep, unconscious or otherwise unable to communicate;
  3. a person who has been threatened or coerced (e.g. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it;
  4. a person who is drugged is unable to consent;
  5. a person is usually unable to give consent when under the influence of alcohol and/or drugs;
  6. if a person has a mental disability that prevents them from fully understanding the sexual acts, they may be unable to give consent;
  7. the fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity;
  8. a person can withdraw consent at any time during the course of a sexual encounter;
  9. a person is incapable of giving consent to a person in a position of trust, power or authority, such as a faculty member initiating a relationship with a student who they teach or an administrator in a relationship with anyone who reports to that position;
  10. consent cannot be given on behalf of another person.

It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person with whom they are sexually engaging is a minor.

Note: For information purposes only, the Criminal Code defines “consent” as follows: Consent is the voluntary agreement to engage in the sexual activity in question. No consent is obtained where:

  1. the agreement is expressed by the words or conduct of a person other than the complainant;
  2. the complainant is incapable of consenting to the activity;
  3. the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
  4. the complainant expresses by words or conduct, a lack of agreement to engage in the activity; or
  5. the complainant, having consented to engage in sexual activity, expresses by words or conduct, a lack of agreement to continue to engage in the activity.

Other Relevant Terms

Acquaintance sexual assault:
Sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance.
Age of consent for sexual activity:
The age at which a person can legally consent to sexual activity. In Canada, children under 12 years of age can never legally consent to sexual acts. Sixteen (16) years is the legal age of consent for sexual acts. There are variations on the age of consents for adolescents who are close in age between the ages of 12 and 16 years. Twelve (12) and 13 year olds can consent to have sex with other youth who are less than two (2) year older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than five (5) years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.
In the context of sexual violence, coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts.
Drug-facilitated sexual activity:
The use of alcohol and/or drugs (prescription or non- prescription) by a perpetrator to control, overpower or subdue a survivor for purposes of sexual assault.
Indecent exposure:
The exposure of the private or intimate parts of the body in a lewd manner, when the perpetrator may be readily observed.
Sexual Exploitation:
Occurs when a perpetrator takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.
Sexual Harassment:
Engaging in a course of conduct of a gender-related or sexual nature that is known or might reasonably be known to be unwelcome/unwanted, offensive, intimidating, hostile, or inappropriate. Depending on its severity, one action may constitute sexual harassment. This may include, but is not limited to: demeaning gestures, remarks and jokes; slurs, taunting, innuendo based on gender or sexual orientation; unwanted physical contact; leering; inappropriate comments about clothing, physical characteristics or activities; unwanted questions or comments about one’s private life, sexual orientation, marital or family status; the display of sexually offensive material; solicitation; unwanted attention; implied or expressed promise of reward or benefit in return for sexual favours; implied or expressed threat or act of reprisal if sexual favours are not given; or sexual assault (Criminal Code offense).
A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that occur on more than one occasion and which collectively instill fear in the survivor or threaten the survivor/target’s safety or mental health. Stalking can also include threats of harm to the target’s friends and/or family. These behaviours include, but are not limited to non-consensual communications (face-to-face, phone, email, social media), threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.
Some who have experienced sexual violence may choose to identify as a survivor. Individuals might be more familiar with the term “victim”. We use the term “survivor” throughout this policy where relevant, because some who have experiences sexual assault believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has experienced these circumstances to determine who they wish to identify.
Observing a person, including by mechanical or electronic means, or making a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy.