sexual assault information guide
Assault is:
- any threat or use of forces
- intentional
- not freely agreed to
It can include touching, slapping, punching, kicking or pushing, these are all examples of assault.
Sexual assault is:
Any kind of assault, that involves sexual activity. Kissing, touching, fondling and sexual intercourse without your consent are examples of sexual assault.
Are there different offenses of sexual assault?
Yes. The difference between offenses depends on how much force is used.
- Sexual assault is where sexual acitvity is forced upon you without actual physical injury.
- Sexual assault causing bodily harm is where you are physically hurt or threatened with a weapon during the sexual assault.
- Aggravated sexual assault is where you are wounded, brutally beaten or your life is put in danger during the sexual assault.
Who can be charged with sexual assault?
Men, women or youth who force sexual activity on you can be charged with sexual assault. It does not matter if you know the person, or if the person is your date, your spouse or common-law partner.
What does it mean to "consent"?
To consent, you must freely agree to the sexual activity. You do not "freely" agree if:
- the person has power over you and uses it to get your consent, such as your boss, coach, teacher, or older family member;
- the person has a weapon;
- the person threatens to hurt you;
- the person threatens to hurt someone important to you, such as your child;
- you are too afraid to fight back.
You cannot legally consent to sexual activity with any person if you are less than 12 years old. If you are between 12 and 14, the accuse (the person who is charged) cannot use the defense of consent unless the accused is, between 12 and 16 years old, less than two years older than you and are not in a position of trust or authority towards you, or someone you are dependent on.
What if I agree to some things?
Agreeing to certain things does not mean that you are agreeing to sexual activity.
Sexual assault is when someone forces sexual activity on you even if you have:
- agreed to go home with the person or let the person into your home;
- gone out on a date with the person and agreed to hold hands or kiss;
- had sexual relations with the person previously.
You have the righ 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.
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