
Sexual Abuse
What is it?
Sexual assault is any unwanted sexual contact. It includes a range of behaviours that involves touching or rubbing a part of another's body in a sexual way, without consent.
All sexual contact with anyone without consent is a crime called sexual assault. Sexual assault includes sexual touching or forcing sexual activity on a spouse, a common-law partner or a dating partner. Even within marriage, one spouse cannot force the other to have sexual contact.
Sexual violence can also include being forced to participate in non-contact sexual activities such as watching pornography, or being sexually harassed, or experiencing sexual threats. 2
- Sexual activity if the person does not or cannot say yes (e.g. very intoxicated or unconscious, mentally challenged)
- Continuing contact when asked to stop or if the person initially agreed but changes their mind to continued acts
- The person initiating the act is in a position of power or authority (e.g. a coach, teacher)
- The person agrees under duress (e.g. due to fear, intimidation, trying to avoid further conflict, presence or threat of a weapon)
- Forcing someone to do unsafe or humiliating acts
What is the impact?
It is important to understand that each person reacts uniquely to sexual violence, and there is no right or wrong way to cope or feel after the experience.
- the victim/survivor's relationship to the perpetrator
- extent and severity of any accompanying emotional or physical abuse
- the severity of the abuse
- the extent of physical harm
- length of time over which the abuse occurred
- responses of family and friends of the victim/survivor
- the person's experience of the first responders such as hospital, nurse, doctor or police as well as the subsequent system of courts and counselling
Experiences of trauma can look and feel many different ways. All feelings are normal.
- Diminished self-esteem with frequent feelings of shame, humiliation, guilt, anger and powerlessness
- Negative self/body image
- Physical symptoms of stress — such as headaches, stomach upsets, eating and sleeping problems, lethargy
- Increased isolation from others or difficulty trusting others
- Hyper-alert and always aware of one's external surroundings
- Increased usage of alcohol or drugs to numb or cope with feelings and memories
- Self-harm as a way to numb or cope with feelings
- Difficulty with interpersonal relationships
- No or little desire for sexual intimacy OR an increase in risky sexual behaviours
- Flashbacks of the incident(s) and fear of being alone
- Nightmares or other sleep disturbances
- Difficulty with employment or school due to the inability to concentrate
Sexual violence and the Criminal Code of Canada
Within the Criminal Code of Canada, laws have been written in order to protect people from being hurt.
- Level 1 Sexual Assault: This is when someone is touched in a sexual way without their consent. Forced mouth on mouth contact, forced penetration and forced hand to genital contact are all considered sexual assault.
- Level 2 Sexual Assault with a weapon, threats to a third party or causing bodily harm: This is when a person is sexually assaulted by someone who uses a weapon (or pretends to have one) if the offender threatens to harm another person if they do not participate in a sexual act, or if more than one person sexually assaults the person.
- Level 3 Aggravated Sexual Assault: This is when a person is wounded, disfigured, beaten or in danger of losing their life while being sexually assaulted.
Laws have been written into the Criminal Code about at what age individuals can legally consent to sexual activity with someone else. These laws are not meant to stop youth from engaging in sexual activity but to protect them from being taken advantage of or exploited by someone who is older and has more power.
- Children under 12 years of age cannot give legal consent to sexual acts.
- Youth who are 12 and 13 years of age can give legal consent if there is no more than a two year age difference between the youth, and consent is not legal if one of those involved is in a position of trust or authority, or if a relationship of dependency exists.
- Youth who are 14 and 15 years of age can give legal consent to engage in sexual activity that is mutual if the person of involvement is less than five years older.
- The legal age of consent to sexual activity is 16, as long as the person is not in a position of trust or authority, or a relationship of dependency exists.
- Incest is illegal at any age
- Our laws recognize that if a person did not actively resist or fight back, it does not mean that they consented. The freeze response when in danger is very common in sexual assaults.
- Consent is not legal if a person is incapacitated by drugs or alcohol
If you or someone you know has concerns about sexual abuse please visit the Get Help section for resources.