WHAT IS SEXUAL ASSAULT? Sexual assault is any unwanted sexual touching that occurs in circumstances of a sexual nature and violates the sexual integrity of the victim. It can include many types of touching or activity from kissing to sexual intercourse. Sexual assault can happen to anyone, of any, age, gender, sexual orientation, race, or income level.
Consent is NOT GIVEN when: ‣ you are unconscious; ‣ you are incapacitated by the use of alcohol or drugs; ‣ you fear the consequences of not consenting; ‣ you feel threatened or intimidated; ‣ you are coerced (compelled to submit through intimidation, threats, misuse of authority, manipulation, tricking or bribing with actions and words); ‣ you are physically forced to comply; ‣ you say “no”, either verbally or physically (e.g., crying, kicking, turning away, putting clothes back on, etc.); and/or ‣ you have a disability or mental health condition that prevents you from providing consent Do I have to say “no” to show that I do not consent? You can show that you do not consent by your words or actions such as struggling, trying to leave, or making excuses to try and get out of the situation. What if I agree to the sexual activity at first, and then I change my mind? You can say NO to anything at any time. What about intoxication? A person has to have the capacity to consent to sexual activity. A person who is extremely intoxicated by drugs or alcohol may not have the capacity to consent to sexual activity. A court would look at all of the circumstances to determine whether that person had the mental capacity to consent to the sexual activity.
Sexual assault can cause trauma. It can result in unpleasant feelings, thoughts, sensations, and emotions both during and after the assault. Responses to highly stressful situations vary from person to person and not all people will experience the same reactions at the same level of intensity, or for the same length of time. However, it is important to recognize that whatever the reaction is, it is normal to feel overwhelmed by the process. If OPS lays criminal charges, both the Crown Attorney’s office and the Victim/Witness Assistance Program (V/WAP) will work with police to guide you through the process. Sexual assault can be committed by anyone; a stranger, a friend, a partner, a family member or a person in a position of authority or trust. Sexual assault is never your fault. It does not matter what situation you were in, or who you were with or where you were. Sexual assault is the fault of the person who commits the crime. What does it mean to consent to sexual activity? Consent is the voluntary and active agreement which is given equally by participants to engage in a specific sexual activity. Consent implies that a person understands what they are agreeing to and the possible positive and negative consequences.
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