Consent and Age of Consent
SEXUAL ASSAULT IS ANY SEXUAL CONTACT OR INTERACTION THAT YOU DID NOT AGREE TO.
Which can include any form of sexual contact (unwanted touching, forced kissing, forced sex, threats of sexual violence, etc.). It may have happened to you in the past, or it may have happened recently. Sexual assault is never justifiable.
Consent: An individuals voluntary agreement or permission to engage in an activity.
Enthusiastic consent: The enthusiastic agreement or permission to engage in an activity.
Non-Consent: 273.1(2)
- If consent is given by a third-party but not the individual, it is not consensual.
- If the individual is incapable of consenting to the activity, it is not consensual.
- If the individual is manipulated or coerced by a person who is abusing trust, power or authority, it is not consensual.
- If the individual expressed with words or conduct that they are not in agreement of engagement, it is not consensual.
- If the individual consents to engage but expressed by words or conduct that they do not wish to continue the engagement, it is no longer consensual.
This prevents individuals from using their own ignorance or irresponsibility as a defence when it comes to criminal charges relating to sexual assault or other forms of non-consensual activity.
Age of consent: The age of consent to sexual activity is 16 years. In some cases, the age of consent is higher (for example, when there is a relationship of trust, authority or dependency).