Magazine

GayCalgary® Magazine

http://www.gaycalgary.com/a4363 [copy]

Discussing Community Safety

Reporting Sexual Assault

Legal Advice by Constable Andy Buck (From GayCalgary® Magazine, November 2014, page 17)
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Well the clocks have gone back – the temperatures have dropped – yes, winter is on the horizon. I have just got back from vacation, having been lucky enough to spend two weeks in Mexico, so I am finding it hard to readjust. Just the thought of those sun-kissed beaches and lazy days are driving me crazy! That should serve as motivation to get back in the swing of things and earn enough money to be able to go back.

This month I want to provide information about a subject that is sometimes hard to talk about but we all know that it can and does happen: sexual assault. This is a horrible crime that can have long-term physical and emotional effects on people. It is never okay, and anybody who is unlucky enough to be a victim should be encouraged to report to police.

Sexual assault occurs if you have been kissed, fondled, groped or forced to engage in sexual activity without your permission or consent. It is an assault that is committed in circumstances of a sexual nature in which the sexual integrity of the victim is violated. Sexual assault is not defined by contact with any specific body part, or whether or not the victim and offender are known to each other, nor is it based on the gender of the individuals involved. Instead, the Criminal Code of Canada has identified three levels of sexual assault based on the circumstances of the case:

1. Sexual assault with a weapon: occurs when one is sexually assaulted by someone who has a weapon or imitation weapon and threatens to use it against them; the offender threatens to harm a third person, for example a child or a friend, if one does not consent to a sexual act with them; or the offender harms you or more than one person assaults you in the same incident.

2. Aggravated sexual assault: takes place when one is wounded, disfigured, beaten or in danger of losing their life while being sexually assaulted.

3. Sexual assault without consent: occurs if one has been kissed, fondled, groped or forced to engage in sexual activity without one’s permission or consent. Consent means you voluntarily agree to participate in the sexual activity in question. In other words, you freely agree this is something you want to do.

In May of 2008, the ‘age of consent’ was changed to 16 years old, meaning that a person under the age of 16 cannot legally consent to sexual activity with anyone else unless the individuals are within five years of age and the sexual activity is consensual. A person who is under the age of 14 years cannot consent to sexual activity with another person who is two or more years older than them.

There is no consent when:

You don’t freely or directly agree to participate in the sexual activity.

You are not capable of consenting to the activity; for example, you have had too much to drink or have passed out.

The offender abuses their position of trust, power or authority and influence, or convinces you to participate in sexual activity with them.

Through your words or actions you don’t agree to sexual activity with that person.

You consent to engage in the sexual activity but then, through your words or actions, you don’t want to continue to participate.

Now you can see that this offence is not limited to being a crime committed by a stranger.  Someone you know and trust can sexually assault you. Do not be naïve, and do not accept excuses. You have the right to say "no".  Feel free to contact me with any questions, comments or concerns.

As always stay safe, stay warm and look after each other.  I look forward to talking with you again soon.


(GC)

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