by Kyara Miller

Created on: May 24, 2007

FEMALE SEXUAL ASSAULT

Sexual Assault (or rape) is a huge problem all over the world. Not all people know what Sexual Assault is, why it happens, and how to protect themselves. I am going to write two articles on the subject: Female Sexual Assault and Male Sexual Assault. Many people believe that Sexual Assault is black and white, that it only happens late at night in dark alleys and that it's always a stranger. I will also attempt to prove these, and many other myths, wrong.

What is Sexual Assault?

Sexual Assault is defined as *ANY* unwanted sexual contact or attentionmay it be physical or non physical (i.e. harassment, kissing, intercourse)achieved by force, threats, bribes, manipulation, pressure, tricks, or violence. In almost every instance, it is an act of power and control and sex is the weapon.

It is also believe that the definition encompasses any unwanted sexual act, even if there was no violence involved other then the act itself. Even if there were no threats or implied threats but the sexual contact was unwanted, it is still sexual assault.

What is the definition of Consent?

"Consent is defined as a voluntary agreement of the complainant to engage in the sexual activity in question." (Criminal Code of Canada, Section 273.1)

Consent is NOT given if:
- Consent is given by someone other then the participant
- The participant is unable to consent (i.e. unconscious, impaired by alcohol or drugs, or sleeping)
- It is obtained through the abuse of power, trust or authority
- The participant says no, does not say yes, or through their behavior, implies that they do not want to participate, or
- The participant changed his/her mind

Those accused of sexual assault cannot use, as their defense, that:
- The accused believed consent was given because he/she was intoxicated, were reckless or willfully blind, or
- Due to circumstances, the accused did not take reasonable steps to obtain consent.

What about for minors?

There are special considerations when minors are involved:
- Children under the age of 12 are NEVER able to consent to sexual activity.
- Children aged 12-14 are deemed unable to consent to sexual acts EXCEPT under specific circumstances involving sexual activity with their peers. For example: "I'll show you mine, if you show me yours."
- Young persons aged 14-18 are protected from sexual exploitation and their consent is not valid if the person touching them for a sexual purpose is in a position of trust or authority over them, or if they are in a relationship of dependency

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