What is sexual assault? Sexual assault is a crime. It involves any sexual contact, such as kissing, touching, fondling and intercourse performed without consent. Consent must be given for any sexual activity.
Consent means that you freely choose to say "yes". You can not consent/have not consented to any sexual act if you:
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Say 'No'
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If you are impaired by drugs or alcohol
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If you are sleeping or unconscious
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If you are coerced or threatened into providing 'consent'
The ‘statute of limitations’ for sexual assault is INDEFINITE!!!!!
Translation: if your partner is waffling or you have to ‘convince’ someone to have sex with you, is it worth having one night come back to haunt you a week, month or even years later??? Regarding consent for sexual intercourse, Canada's Supreme Court says:
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“A belief that silence, passivity or ambiguous conduct constitutes consent is a mistake in law and provides no defense… An accused cannot say that he thought ‘no’ meant ‘yes’”
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“The complainant either consented or not, there is no third option. There is no defense of implied consent to sexual assault in Canadian law.”
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“A belief by the accused that the complainant in her own mind, wanted him to touch her, but did not express that desire, is not a defense.”
*Canadian Federation of Students - No Means No - Facts About Date Rape/Drug Rape
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