Consent
Sexual assault
The main difference between a sexual relationship and sexual assault is the lack of consent. Sexual consent is the agreement that a person gives to his or her partner before engaging in sexual activity.
Once a person expresses refusal through words or actions, the partner must stop the sexual activity immediately. If the partner continues despite the refusal, it is sexual assault.
Sexual consent is the desire to have sexual contact, to feel ready and confident, rather than to do what others do, to not displease or disappoint. It implies respect for oneself and one’s body.
To be valid, consent must:
- Be given voluntarily. Consent is not valid if it is given as a result of pressure, violence, manipulation or threats.
- Be freely given, meaning that the person must feel that he or she has the option not to consent or feel free to refuse certain sexual activities
- Be given by the person participating in the sexual activity. Another person cannot provide consent.
- Be given by a person who is capable of consenting. Consent is not valid when the person is intoxicated, voluntarily or involuntarily, whether by alcohol, drugs, etc.
- Be clear. Silence is not evidence of consent. A person must clearly communicate his or her agreement to sexual activity for consent to be valid. This can be done through words, behaviour or both.
- Be given at the time of the sexual act and can be withdrawn at any time. It is normal to set limits on consensual intimacy and a person can change their mind and end the sexual relationship.
- Be enthusiastic. Words and actions can be used to assess whether a person is consenting to sexual activity. Giving in to pressure is not valid consent.
Age of consent
In all countries, sexual consent laws exist to protect children and adolescents. These laws are not intended to restrict young people’s freedom of action, but rather to prevent an older person from taking advantage of a younger person or a person in a vulnerable position.
However, there are some exceptions to this rule that are provided for young people who have voluntary sexual contact with each other.
– For example, at the age of 12 or 13, a youth can consent to a sexual activity only if his or her partner is less than two years older AND the relationship is not one of authority, trust or exploitation
– Similarly, a youth between the ages of 14 and 15 can consent to sexual activity only if his or her partner is less than five years older AND the relationship is not one of authority, trust or exploitation.
The legal age of consent for sexual activity in Canada is 16, if the relationship is not one of authority, trust or exploitation.