Definitions (Sexual Assault / Sexual Violence)

Definitions

In this section, definitions are provided for "consent", "sexual assault", "sexual violence", "sexual harassment" and "stalking". 

What is Consent?

Consent:

is not silence or the absence of "no";

  • is never assumed or implied;
  • cannot be given by someone who is incapacitated by alcohol or drugs, or who is unconsious;
  • can never be obtained through threats, coercion or other pressure tactics;
  • can be revoked at any time;
  • cannot be obtained if the perpetrator abuses a position of trust, or authority; and
  • cannot be assumed from previous consent to similar activities.

Under the Criminal Code of Canada (Section 273.1), consent is the voluntary agreement to engage in the sexual activity in question. There must be an understandable exchange of affirmative words that indicates a willingness to participate in mutually agreed upon sexual activity.

Consent must be informed, freely given and active.

It is the responsibility of the initiator to obtain clear and affirmative responses at all stages of sexual engagement.

What is Sexual Assault?

Sexual Assault is sexual touching of another person with any object or body part without consent, or by force. Any sexual activity without consent is sexual assault.

Sexual assault occurs when a person is forced or coerced into sexual activity. It can include nonconsensual kissing, fondling, grabbing, and oral, anal or vaginal penetration. Forcing or coercing someone to touch you sexually is also sexual assault.

Sexual assault is prohibited by section 271 of the Criminal Code of Canada.

What is Sexual Violence?

Sexual Violence varies in severity and consists of a range of behaviours, including, but not limited to, sexual harassement, sexual assault, the threat of sexual assault, criminal harassment (including stalking and cyberbullying) and relationship violence. All forms of sexual violence are unacceptable behaviours. 

What is Sexual Harassment?

Sexual Harassment is defined in the Criminal Code as a course of vexatious comment or conduct of a sexual nature that is known or ought reasonable to be known as unwelcome. Sexual harassment can include, but is not limited to:

  • unwelcome sexual advances;
  • unwanted attention;
  • requests for sexual favours;
  • verbal or non-verbal of physical conduct of a sexual nature'
  • indecent exposure (prohibited under Section 173 of the Criminal Code of Canada);
  • voyeurism (prohibited under Section 162 of the Criminal Code of Canada);
  • unwelcome remarks and/or vexatious comments about someone's sexuality, appearance and bodily presentation, gender or gender expression;
  • attempts to extort sexual favours;
  • inappropriate touching;
  • repeated and vulgar sexual comments;
  • display of pornographic or suggestive calendars, signs posters and/or photographs; and
  • non-consensual posting of pictures, aggressive comments or stereotypes and slurs on social media, including, but not limited to: email, Facebook twitter, etc.

What is Stalking?

Stalking is a form of criminal harassment prohibited by the Criminal Code of Canada, Section 264. It involves behaviours that occur on more than one occasion and which collectively instill fear in the victim or threaten the victim/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 and pursuit;
  • sending unsolicited gifts (romantic, bizarre, sinister or sexualized);
  • 'creeping' via social media/cyber-stalking; and
  • uttering threats