Definition

Sexual assault is any form of unwanted sexual activity including fondling, touching, and/or penetration that is forced upon another person without that person's consent. Rape is no longer the legal term in Canada because it does not include all the forms of sexual violence. Both women and men can be sexually assaulted, even in a marriage or dating situation.

Consent is an active choice and the voluntary agreement of two adults to engage in sexual activity. Someone who is under the influence of medication, drugs/alcohol is not in the position to give consent¹.

"No consent is obtained, if

(a) the agreement is expressed by the words or conduct of a person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
(e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity²."

Possible Health Effects

Possible health effects include, but are not limited to:

• Immediate injuries
• Unwanted pregnancy, sexually transmitted infections
• HIV
• Nightmares, insomnia
• Eating disorders, depression

Statistics

• One in four women will be sexually assaulted during her lifetime³
• Eighty-three percent of dis/abled women will be sexually assaulted in their lifetime⁴
• 69% of sexual assaults are committed by a known assailant⁵
• Of all incidents of sexual assault, 24% took place in the victim's home, 20% in the perpetrator's home, 10% in someone else's home, 25% in a car, and 21% in a public place⁶.

Links

If you have been sexually assaulted and would like more information please visit the following websites:

• Education Wife Assault: http://www.womanabuseprevention.com/html
• Nina's Place: http://www.ninasplace.ca/
• Ontario Women's Directorate: http://www.gov.on.ca/MCZCR/owd/index.html
• The Sexual Assault and Domestic Violence Care Centre
  Hamilton Health Sciences, McMaster University Medical Centre, Hamilton, ON
  http://www.hamiltonhealthsciences.ca/sites/sadv
• The Sexual Assault Care Centre, Scarborough: http://www.sacc.to

We encourage you to link to the following websites for detailed information about the criminal justice system:

• Community Legal Education Ontario: http://www.cleo.on.ca/
• Education Wife Assault: http://www.womanabuseprevention.com/
• Metro Action Committee on Violence Against Women and Children: http://www.metrac.org/
• Ontario Women's Justice Network: http://www.owjn.org/
• The Sexual Assault Care Centre, Scarborough: http://www.courtprep.ca/
• Women's Legal Education and Action Fund: http://www.leaf.ca/

¹ Community Legal Education Ontario. (2001, July). Sex, young people and the law. Toronto. Ontario. http://www.cleo.on.ca.

² Department of Justice Canada. (2003, December). Part V, Sexual offences, public morals and disorderly conduct http://laws.justice.gc.ca/en/C-46/41976.html

³ Ontario Women's Directorate, "Dispelling the Myths", March 1995. Toronto: OWD

⁴ Ontario Women's Directorate (OWD). 1995. Facts to consider about sexual assault. Toronto: OWD

⁵ Ontario Women's Directorate, "Dispelling the Myths", March 1995. Toronto: OWD

⁶ Johnson, H. 1996. Dangerous Domains: Violence against women in Canada. Toronto: Nelson Canada