Definitions (Sexual Assault / Sexual Violence)

What is Consent?

Consent is defined as the voluntary agreement to engage in sexual activity. In other words, you must actively and willingly give consent to sexual activity. Any type of sexual activity without consent is sexual assault.

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.
• cannot be given by anyone other than the person participating in the sexual activity (e.g. your parent, brother or sister, girlfriend or boyfriend, spouse, friend etc., cannot consent for you or on your behalf).

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.

The best way to ensure both parties are comfortable with any sexual activity is to talk about it. Ask questions to make sure your partner is comfortable like “Is this okay?”, “how are you feeling?”.

Stop when you are asked or told to stop and respect the answer right away. Verbally saying “no” is not the only way for someone to tell you to stop, look for gestures and body language that indicate someone is not willing to participate.

Consent to one activity, one time, does not mean consent to another or to a set of actions, respect someone’s boundaries if they don’t want to participate.

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

Making a Complaint

Individuals who have experienced sexual violence are under no obligation to file a formal complaint in order to access on‐campus supports or resources including accommodations for academics (students), or to be referred to off‐campus supports and resources. If allegations are being made against a member of the College community, individuals may file an informal report or a formal complaint that will result in an investigation. All reports/complaints remain confidential, and all efforts will be made to ensure the survivor controls the process.

Informal or formal complaints may be submitted in person with the Associate Dean, Learning Resources Division (Shuniah Room 153) or online.