Sexual assault is a complex issue in Canada impacting many vulnerable communities. Understanding the definition of sexual assault, who is most affected, and what to do after an incident helps to ensure better outcomes for victims.
What is sexual assault?
- Sexual assault is any non-consensual activity that interferes with a person's sexual integrity
- It can include forced unwanted kissing, touching, vaginal penetration, anal penetration, and oral sex
- Only 45% of people in Canada fully understand what it means to give consent to sexual activity
Understanding consent
- Consent is the voluntary agreement between people to engage in sexual activity
- A person who is legally able to consent should give a clear "yes" using words or actions
- Even once consent is given, it can be withdrawn at any time. And while someone may consent to one sexual activity, it doesn't mean that they have consented to others
- A sleeping or unconscious person can't give consent. If a person consented while awake, that consent ends at the time they become unconscious
- An intoxicated person can give consent if they understand the sexual nature of the intended act, and they realize they don't have to take part
Age of consent
- The age of consent in Canada is 16 years, with some exceptions
- A minor who is 14 or 15 years old can consent to activity as long as the partner is less than five years older
- A minor who is 12 or 13 years old can consent to activity with a partner who is less than two years older
- No one under the age of 18 can provide consent if the relationship with their partner is one of trust, authority, dependency or is exploitative of the young person
Who is affected?
- While anyone can be a victim of sexual assault regardless of gender, a 2018 report by Statistics Canada revealed that approximately 8% of men have reported sexual assault complaints, compared to 30% of women
- People aged 25-34 reported the most sexual assault incidents, representing almost one quarter of all self-reported incidents
- People in certain communities are more vulnerable to sexual assault and experience higher rates of victimization:
- 2SLGBTQI+
- sex workers
- Indigenous women and girls
- racial minorities
- children
- people with disabilities (mental and physical)
- people experiencing poverty or homelessness
Key challenges in Canada
- According to a Justice Canada 2019 General Social Survey on Victimization, only 6% of sexual assaults were reported to police
- Only 42% of sexual assault complaints that were reported resulted in a guilty verdict
Wake-up call for police agencies
- A 2017 investigative series led by the Globe and Mail looked at how police in Canada handle sexual assault complaints. It reported that on average, police investigators classify one in five complaints as unfounded
- Investigators classify complaints as unfounded when the investigation reveals that the reported offence didn't occur, and wasn't attempted
- At the time of the series, police reports classified as unfounded were not tracked nor included in crime statistics
- Statistics Canada now includes unfounded cases in sexual-assault reporting to paint a more accurate picture
RCMP interventions
- The RCMP created the National Office of Sexual Offence Investigative Standards (NOSOIS) (formerly Sexual Assault Review Team) as the centre of expertise for all investigations related to sexual assault
- In 2017, the RCMP released an action plan to improve how police handle sexual assault complaints. Its progress is highlighted in a 2020 report outlining updates and next steps
- NOSOIS developed training that's available to all RCMP employees covering:
- the Canadian Victims Bill of Rights
- Consent Law and Sexual Assault Myths course
- Sexual Offence Investigations course
- Using a Trauma Informed Approach course
- The RCMP updated its Sexual Assault Investigations Best Practice Guide to help officers use a trauma-informed and victim-centred approach when investigating sexual assault cases
After a sexual assault
Tips for victims
- Keep any items such as clothing and accessories you had during the assault as they may be used for evidence
- If the sexual assault was recent, avoid washing yourself, changing your clothes, or brushing your hair until all evidence has been gathered
- Try to write down, record, or share with someone you trust the details of the assault
Options for victims
- Call 9-1-1 for emergency help
- Contact victim services in your area to receive support
- Make a report at your local police station if you are not in immediate danger
- Choose not to report. If you choose not to report, you should still seek medical and mental health support
Supporting a victim
- Listen. This is often the best way to support a victim of sexual assault
- Avoid victim-blaming and emphasize that the assault was not their fault
- Support them if they want to report the crime to the police or a third party