Home Up Contents Search Privacy
 

SEXUAL ASSAULT

What is sexual assault?

Sexual assault is a crime. It involves sexual contact, such as kissing, touching, fondling and intercourse, without consent. A person may be charged with:

      • sexual assault, or
      • sexual assault with a weapon, threats to a third party or causing bodily harm, or
      • aggravated sexual assault

What is consent?

Consent means to voluntarily agree to engage in sexual activity. When threats or force are used to obtain consent, that consent is not voluntary. If a person, such as your boss, teacher, doctor or family member, uses power they have over you to obtain your consent, your consent is not voluntary.

Consent must be clear. If you are too afraid to yell or resist or fight back, your consent cannot be implied. You have the right to decide whether to have sexual relations with another person.

You can consent to some sexual activities without consenting to all sexual activities. For example, you may agree to go on a date and to hold hands or kiss. You may have agreed to have sexual relations on previous occasions. Agreeing to any or all of these things does not mean you consent to other sexual contact. You have the right to say "No" to anything, at any time. No one has the right to force you into unwanted sexual activity, no matter what has happened before. "No means "no" - always.

Age of Consent

You cannot legally consent to sexual activity unless you are 14 years of age or older.  If you are between 12 and 14 years old, an accused person cannot argue that you consented to the sexual activity unless the accused person is:

      • between 12 and 16 years old, and
      • less than two years older than you, and
      • not in a position of trust or authority towards you, or someone you are dependent on

Copyright (c) 2006-2009 Dimnik & Company*
*Registered trade name of Michael J. Dimnik Prof. Corp