"The FBI annually reports that 1 in 4 females and 1 in 8 males will experience sexual assault at some point in their life." (FBI annual Statistics)
What is Sexual Assault?
- Sexual assault is the legal term used in Canada to refer to any form of sexual contact without voluntary consent. Kissing, fondling, sexual intercourse, anal intercourse, and oral sex are all examples of sexual assault if they are done without voluntary consent.
- Consent obtained by force through pressure, coercion, force, or threats of force is not voluntary consent.
What is Consent?
Under the Criminal Code of Canada, Section 273.1, Sexual Assault, Consent is defined as:
"...a voluntary agreement of the complainant to engage in the sexual activity in question."
Consent is not given if:
- It is given by someone else
- The person is unconscious, drunk, stoned, or sleeping
- It is an abuse of power, trust, or authority
- The person does not say yes, says no, or through words or behavior implies no
- The person changes her/his mind
What is Sexual Harassment?
Sexual harassment is any unwanted comment, gesture or action of a sexual nature. (ex. A group of males outside the cafeteria who are rating all females as they walk by.)
Sexual harassment includes unwanted attention, demands, or a pattern of jokes or insults that affect your job, work, school environment or your chances to obtain a service.
Sexual harassment falls under Human Rights Law, a civil legislation, not the Criminal Code of Canada. Sexual harassments may be reported to the Alberta Human Rights and Citizenship Commission or University of Alberta Human Rights Department, not the police.
What is Stalking?
Under the Criminal Code of Canada, Section 264,Criminal Harassment stalking is defined as:
"No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them."
1) The conduct mentioned in subsection (1) consists of
- repeatedly following from place to place the other person or anyone known to them;
- repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
- engaging in threatening conduct directed at the person or any member of their family
2) Every person who contravenes this section is guilty of
- an indictable offense and is liable to imprisonment for a term not exceeding five years; or
- an offense punishable on summary conviction.
For more information on stalking click here
