1.7 Defining Sexual Assault

Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient.

At any point during sexual activity one has the right to say no. Even in the middle of any sexual behavior they have the right to say, ‘No. I don’t want to do this anymore’, and the behavior must stop.

If the behavior continues or if there is manipulation or coercion and the behavior continues, that is sexual assault.

The term ‘sexual assault’ covers a wide range of unwanted behaviors that do not include penetration and that are attempted or completed against one’s will or when someone cannot consent because of age, disability or the influence of alcohol or drugs. It may involve actual or threatened physical force, including the use of weapons, coercion, intimidation or pressure.

It can include:

  1. Intentional touching of one’s genitals, anus, groin or breasts;

  2. Voyeurism;

  3. Exposure to exhibitionism;

  4. Undesired exposure to pornography; and

  5. A public display of images that were taken in a private context or when someone was unaware.

Drug-facilitated sexual assault is when a person has sex with someone after they have been administered drugs, intoxicants or other means to prevent resistance, without their knowledge.

It’s also considered sexual assault when there is sexual behavior with someone who has a mental disability, if the disability renders them incapable of giving consent.