Consent

Sexual assault is a crime in that acts or behaviour of a sexual nature have taken place without your consent. Furthermore, the law also stipulates that a person under the age of 16 cannot consent to sexual acts.

Your consent is valid only if it has been freely given. If you were paralyzed by fear or afraid to defend yourself, there was no consent. Moreover, even if you kissed or caressed someone, it does not automatically mean that you consented to other activities of a sexual nature with that person. Nobody has the right to have any kind of sexual relations with you against your will. You always have the right to say NO. If you had no choice but to do what your assailant demanded of you, your consent was not freely given.

In short, the law says that a person must consent — through words or behaviour — to any sexual act. Similarly, that consent is no longer valid as soon as that person expresses her disagreement — in words or behaviour — even if she previously gave her consent.

There can be no consent if the person is incapable of consenting to sexual activity. A temporarily incapacitated person (who is unconscious or asleep, for example) cannot consent to sexual acts. A person who is under the influence of alcohol, drugs or medication may be too intoxicated to consent to sexual activity.

If, during a struggle, you injured your assailant, you will not be accused of assault. The law authorizes you to use necessary force to defend yourself against an attacker: this is called “legitimate self-defence.” It is not easy to defend oneself during a sexual assault. Every attack is different and every person reacts differently. Men as well as women and children can freeze in the face of a threat, a sudden danger, or the unknown. The fact that you did not physically resist or defend yourself does not mean that you consented to sexual activity. The law recognizes such cases as sexual assaults; it is always possible to file a complaint.