PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
The law recognizes the right of every person to choose whether to have sexual contact with another person. This applies to all kinds of sexual contact from a touch to intercourse.
Sexual contact without consent is sexual assault. It is also sexual assault to threaten to have sexual contact with someone without their consent. All sexual assaults are violent crimes because the victim has been subjected to sexual contact without their consent.
Myth: Sexual assault is a crime of passion.
Fact: Sexual assault is an act of violence, not passion. It is an attempt to hurt and humiliate using sex as the weapon.
There are three levels of sexual assault based on the degree of force used.
Sexual Assault occurs if you have been kissed, fondled or forced to have intercourse without consent.
Sexual Assault with a weapon, threats to a third party or causing bodily harm occurs if the person does any of the following in committing the offence:
Aggravated Sexual Assault happens if you were wounded, maimed or disfigured during the assault or if your life was endangered.
Myth: If a partner or spouse forces sex on you, it is not sexual assault.
Fact: Yes, it is a sexual assault. The law applies to everyone including partners, spouses, people you are dating and people you have had consensual sex with before. In fact, statistics show that most victims of sexual assault know the person. Sexual violence does not become permissible because the offender is a sexual intimate of the other person. This myth incorrectly assumes that a person’s right to withdraw consent does not exist in a relationship. It also incorrectly assumes that a person may have sex whenever they want, whether their partner is willing or not.
No always means no and only yes, expressed by your words or actions, means yes. A person cannot rely on your implied consent as a defence to sexual assault. Unless you agree to the activity, it is sexual assault.
Your lack of consent does not have to be verbal. It may be expressed by words or your conduct. If you did not agree to it, it is sexual assault, even if you did not fight back.
You are not capable of giving consent if you are unconscious. For example, if you are sleeping or passed out, it is sexual assault to engage in any sexual activity with you. This also applies if you are intoxicated to the point of not being able to give consent.
Myth: Someone who was drinking or drunk when sexually assaulted is at least partially to blame.
Fact: Sexual assault survivors are never responsible for the attack. No matter how much alcohol was consumed, the responsibility lies with the perpetrator. The survivor is never responsible for the perpetrator’s behaviour. Alcohol may increase the risk of sexual assault and may make someone unable to give consent or protect themselves, but it is not the cause of the assault.
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A person cannot use the defence of consent if they mistakenly believed there was consent because they had been drinking. They also cannot use the defence of consent if they did not take reasonable steps to determine whether or not you were consenting.
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Even if you initially agree to the sexual activity, you can express by your words or conduct that you no longer agree. If you do so, it means the person no longer has your consent to continue. If they do continue despite this, it is sexual assault.
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No one else can consent on your behalf. If someone has sex with you based on someone else’s consent but you do not consent, it is sexual assault.
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If somebody threatens you to get your consent, it is not valid consent. If somebody abuses their position of trust, power or authority to get your consent, your consent is not valid. Without consent, any sexual contact is sexual assault.
PLEA offers free online training on preventing and addressing workplace harassment.