Wednesday, July 25, 2018

What You Must Understand About Consent and Sexual Assault in Canada

Sexual assault is not synonymous to rape, though many people may have that false understanding of what constitutes sexual assault. In Canada, sexual assault refers to an umbrella of actions of a sexual nature that violates a parson’s sexual integrity. This means that in Canada, sexual actions without the other party’s consent may fall under sexual assault.

Factors in Sexual Assault

Aside from consent, other relevant factors that are considered in sexual assault are:

  • The accompanying words and gestures surrounding the act
  • The nature of the contact
  • What part of the body was touched
  • What was the situation when the contact transpired
  • Threats with or without force
  • And any other circumstances surrounding what happened

Is Rape a Criminal Offence in Canada?

Canada’s Criminal Code doesn’t have rape listed as an offence. Rape is classified under the broad category of offences named as ‘sexual assault’. To differentiate between the types of sexual assault, additional terms are attached to the term to describe the nature or the circumstances of the offence.

Why is Consent Important in Determining Sexual Assault?

Because sexual assault is a violation of someone’s sexual integrity in Canada, consent is a crucial factor if someone was indeed violated. When someone consents, then it means that that person is making an informed decision to voluntarily participate in a certain sexual act.
Key things to remember about consent include:
  • Consent can be limited to specific acts only
  • Consent can be retracted, even in the middle of the act
  • Consent has to be given again if the act is to be repeated
  • Consent is still required between married couples and people in a relationship

Please note that the information shared in this article are not meant to be interpreted as legal advice and should only be taken as educational information. Should you need help from a Criminal Lawyer in Toronto, Calvin Barry is your best option. Calvin Barry Law has extensive experience and years of practice in Criminal Law including handling sexual assault cases. Contact Calvin Barry right away!