Sexual Assault
We hear different terms about sexual assault: assault, harassment, sexual misconduct. Regardless of the word used, the actions taken are unacceptable. They are too often tolerated, sometimes excused. However, these acts sometimes constitute an assault, in the criminal sense of the term. But how can we recognize it?
We all have our own image in mind of what an assault is. It often corresponds to the idea of a stranger raping a woman in a dark alley. However, the spectrum of sexual assault is much broader.
Of course, at times, sexual assault is obvious and there is no doubt. However, in most cases, the situation is rather vague. It is in this gray area that attackers allow themselves to repeat and repeat the same actions.
According to Statistics
87% of sexual assaults are committed in a private home
96.8% of the attackers are known to the victims
According to the UNICEF report, 650 million girls and women have experienced sexual violence as children or 1 in 5.
For boys and men, the number is between 410 and 530 million or around 1 in 7
These data demonstrate how often our vision of an assault is erroneous. Generally speaking, we know the attacker and we are on familiar ground.
An Essential Consent
One of the elements that allows us to draw the line and demonstrate whether or not there has been an assault is at the level of consent. When gestures with sexual connotations are committed, there must be mandatory consent between the individuals. Without it, we tip over into the assault, whether between strangers, friends or even between spouses. In addition, although the majority of crimes are committed by men against women, a man can also be a victim. If he does not consent to sexual acts or relations, it is indeed an assault.
Sexual Assault In Criminal Law
We all have our own definition of assault, according to our vision and values. We feel assaulted in different circumstances and everyone’s tolerance differs. However, in Canada, a legal framework defines what sexual assault is. Any physical contact with a sexual connotation, unwanted and carried out without the consent of the other can be considered sexual assault. These touches do not necessarily involve intimate parts. A kiss or a caress can also be considered sexual assault.
Indeed, when it comes to criminal prosecution, to lay charges of sexual assault, physical contact must imperatively take place.
Sexual Offences | Sexual Assault
Beyond physical contact with a sexual connotation, many other elements are reprehensible and liable to criminal prosecution.
According to the Criminal Code, sexual offences are all crimes of a sexual nature, including sexual assault. These other behaviors, such as voyeurism, exhibitionism, indecent acts, and non-consensual sharing of intimate images, have their own legal definition that governs them.
What About Sexual Misconduct?
Sexual misconduct covers a large number of actions and behaviors. It can be assault if there is physical contact or sexual offences. It can also be criminal harassment. In legal terms, concerning the Criminal Code, sexual harassment is part of the latter. When it comes to harassment, the words or actions must have been repeated many times and the person must fear for their safety.
Confusion About Sexual Assault
The vocabulary used is sometimes confusing. Terms that are widely used in the media, on social media or among friends do not have the same connotation in criminal matters. For example, it is not possible to file a complaint for sexual misconduct, according to the Canadian Criminal Code. Instead, we must look at what is behind it. Indecent acts? Exhibitionism? Assault? We must remember that when there is unwanted touching, it may be an assault. Whether they seem trivial or not, a slap on the buttock, the touching of a breast or even forced sexual intercourse, these gestures are unacceptable in all cases and must be denounced.
Sometimes, too, behaviors are not criminal but are not tolerable for all that. This is one of the reasons why many companies have adopted a harassment policy. All employees have the right to a healthy and safe workplace. In the event of a situation where a company does not intervene to resolve the situation, you can file a complaint with the local authorities.
Everyone’s Responsibility
In short, sexual assaults include a very large number of actions committed, when consent is not present. You must know how to recognize them and report them. Yes! A single unwanted touch can constitute an assault. But, beyond the actions committed or not, many behaviors and words said must also not be tolerated. You should not hesitate to mention it to the person in question, notify your employer or file a complaint with the police.
Obviously, the victim must break the silence so that these behaviors stop and prevent another person from suffering the same fate as them. However, it is everyone’s responsibility to report reprehensible acts, even if they are not committed on you or towards you. Solidarity is required so that the burden does not rest solely on the shoulders of the victims.
If you have been the victim of an assault or any sexual offence or have witnessed an assault, you can contact the police station in your region or call the toll-free provincial line.
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