What is Sexual Abuse?
Sexual abuse is sexual behaviour or a sexual act that is forced upon an individual without their explicit concent or ability to explicitly concent. Sexual abuse is not the result of an uncontrollable sex drive or miscommunication, rather, it is a deliberate act of violence with the goal of controlling or humiliating an individual. Any sexual activity that is not consented by all parties is illegal and considered a criminal offfence.
Sexual abuse takes places on a continuum, and can take form in various ways, such as, but not limited to:
- Sexual harassment, such as:
- Degrading or humiliating remarks relating to someone's sex or sexuality
- Remarks or propositions of a sexual nature when it is made clear the individual is not interested
- Being send unsolicited explicit pictures or videos
- Sexual assault
- Persuading an individual to perform or receive unwanted sexual acts
- Sexual advancements when an individual cannot say yes (ie; being intoxicated, asleep, or unconscious)
- Continued contact when asked to stop, or if the person initially agrees but changes their mind to continued acts
- When an act is initiated by somebody who is in a position of power or authority, such as a coach, teacher, or leader
- When an individual agrees under duress; being due to fear, intimidation, as an attempt to avoid further conflict, or presence/threat of a weapon
- Forcing an individual to do unsafe or humiliating sexual acts
Sexual abuse can take place under a wide array of situations with many different factors coming together, making sexual abuse unique based on aspects such as who is involved, what takes place, when it happens, where it happens, and other factors surrounding the instance. There is no right or wrong way to feel if you have experiences sexual violence, and there are many factors that can influence feelings and reactions after the event, such as:
- The relationship between the survivor and the perpetrator
- The extent and severity of any accompanying physical or emotional abuse
- The extent and severity of the abuse
- The length of time over which the abuse occurred
- The individuals experience with first responders after the event (such as hospital staff, police, counseling services and legal aide)
- The responses of family and friends of the person who has experienced violence
Experiences of trauma can look and feel many different ways, it is important to know that all feelings are normal, and it is not wrong to feel one way or another after experiencing sexual abuse. It is also important to know that there is no particular pattern of response, and people will respond immediately while others have delayed reactions; some people are affected by an assault for a long time while others appear to recover rather quickly. Some common responses to sexual abuse are:
- Negative self-image or body-image
- Diminished self-esteem with feelings of shame, humiliation, guilt, anger, and powerlessness
- Increased isolation from others or difficulty trusting others
- Being hyper-alert and aware of one’s external surroundings
- Flashbacks on the incidens(s) and fear of being alone
- Nightmares or other sleep disturbances
- Difficulty with employment or school due to the inability to concentrate
- Self-harm as a way to numb or cope with feelings
- Increase in substance use to numb or cope with feelings
Sexual Violence and the Criminal Code of Canada
Within the Criminal Code of Canada, laws have been written in order to protect people from being hurt.
- Level 1 - Sexual Assault: This is when an individual is touched in a in any way that interferes with their sexual integrity, which includes kissing, touching, intercourse, and any other sexual activity without their concent. (section 271)
- Level 2 - Sexual Assault with a weapon, threats to a thir party or causing bodily harm: This occurs when a person is sexually assaulted by another individual who has a weapon or imitation weapon and threates to use it; the offender threatens to harm a third person, a child or a friend if the person does not content to a sexual act; the offender causes harm to the person; or more than one offender assaults the person in the same incident. (section 272)
- Level 3 - Aggrivated Sexual Assault: This occurs if an individual who is assaulted is wounded, maimed, disfigured, beated, or in danger of losing their life while being sexually assaulted. (section 273).
The age of consent is defined as “the age at which a young person can legally agree to sexual activity”, ranging from kissing and fondling to sexual intercourse. All sexual activity without consent is a criminal offense, regardless of age.
- The age to consent to sexual activity is 16 years old
- Sexual exploitation - a 16 or 17 year old cannot consent to sexual activity if:
- Their sexual partner is in a position of trust or authority towards them
- The young person is dependent on their sexual partner for care of support
- The relationship between the young person and their partner is exploitative
- Sexual exploitation - a 16 or 17 year old cannot consent to sexual activity if:
- A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust
- A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust
- Children under 12 years old cannot give legal consent to sexual activity
- Incest is illegal at any age
- Our laws recognize that if a person did not actively resist or fight back, it does not mean that they consented. The freeze response when in danger is very common in sexual assaults.
- Consent is not legal if a person is incapacitated by drugs or alcohol
If you or someone you know is experiencing sexual abuse please visit the Resources and Contact Information section for resources.