Introduction and the legal definitions of sexual assault in Ontario
While many aspects of sexuality are exciting and positive, it is important to discuss the negatives as well. May is Sexual Assault Prevention Month in Ontario. As such this week’s column will address legal information regarding sexual assault. Next week’s column will address what bystanders can do to prevent sexual assault.
Sexual violence is discussed a lot these days, with numerous ongoing public education campaigns and continual media discussion. Yet it remains an issue. It is estimated that 460,000 sexual assaults happen in Ontario every year, according to YWCA Canada.In the Canadian justice system, the term rape is not used. Instead, sexual assault is the terminology used at all levels. Sexual assault is treated like other types of assault, in that there are three levels of severity. The three levels are:
- Sexual assault
- Sexual assault with a weapon
- Aggravated sexual assault (wounds, maims, disfigures, or endangers life of victim)
Assault is when someone intentionally applies (or attempts to apply, or threatens to apply) force to another person; if that force is of a sexual nature, or aimed at coercing someone into sexual activity without their consent, it is considered sexual assault.
The justice system defines consent as a voluntary agreement to engage in a sexual activity. Consent can not be obtained by someone other than you; nor if you are intoxicated or otherwise deemed unable to provide consent; if an abuse of a position of trust, power, or authority is involved; or if there is a lack of agreement to engage in or continue with the sexual act.
While the laws seem clear, sexual assault can be difficult to prove in court. In Ontario, for every 1000 acts of sexual assault, 33 are reported, 12 have charges laid, six are prosecuted, and only three see convictions.There are many reasons that reported sexual assaults do not make it to court. A report by Statistics Canada looking at sexual assault cases from 2009-2014 found that reported sexual assaults did not go to court for several reasons: the perpetrator was not identified, the victim declined to proceed or found alternatives to court, there was insufficient evidence, or the offence type was changed.
While changing the way sexual assaults are handled in the justice system is a large and important task, the prosecution of sexual assaults is not the only thing that needs to change. Working to prevent sexual assaults in the first place should also be a focus. Check out next week’s column to see what bystanders can do to help prevent sexual assaults.