Difference between revisions of "Victims of Sexual Assault (4:V)"

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== A. What is Sexual Assault? ==


{{REVIEWED LSLAP | date= July 4, 2019}}
Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.
 
'''If you have been in any of the following situations, you may have been a victim of sexual assault:'''
*you have been physically touched in a sexual manner by another person which was not wanted
*your words or actions indicated that you did not want to have or continue sexual contact, but the sexual contact continued
*you submitted to sexual contact because someone threatened or used force on you
*you were not able to give consent to sexual contact (for example, you were drugged, impaired, or have a disability)
*someone persuaded you to have sexual contact by using their position of authority or power over you
 
'''Legal age of consent'''
The legal age of consent to sexual activity is 16. However, there are “close in age” exceptions for youth as young as 12 years old. A 12 or 13-year-old may consent to sexual activity with a partner who is less than '''two years''' older than them given that there is no relationship of trust, authority, dependency, or other exploitation. Similarly, a 14 or 15-year-old may consent to sexual activity with a partner who is less than '''five years''' older than them if there is no relationship of trust, authority, dependency, or other exploitation. Then, the following table can be tabulated:
 
{| class="wikitable"
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! Youth's Age
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|  || 12 || 13 || 14 || 15 || 16
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
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| Example || Example || Example || Example || Example || Example
|-
| Example || Example || Example || Example || Example || Example
|}
 
{{REVIEWED LSLAP | date= August 10, 2020}}
{{LSLAP Manual Navbox|type=chapters1-7}}
{{LSLAP Manual Navbox|type=chapters1-7}}

Revision as of 14:33, 10 August 2020

LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
4. Victims
 · I. Introduction

 · II. Governing Legislation
 · III. Crime Victim Assistance Program
 · IV. Avenues to Address Crime
 · V. Victims of Sexual Assault
 · VI. Victims of Relationship Violence
 · VII. Seniors or Those with Disabilities
 · VIII. Victims of Human Trafficking
 · IX. Missing Persons and Abductions
 · X. TIP and Restorative Justice
 · XI. Resources for Indigenous Victims

 · XII. Referrals and Follow-up
v • d • e



A. What is Sexual Assault?

Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, at work, in a public place or at home. Sexual assault can occur between strangers or those who know each other well, including those who are married. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances or people in positions of trust or authority over the victim.

If you have been in any of the following situations, you may have been a victim of sexual assault:

  • you have been physically touched in a sexual manner by another person which was not wanted
  • your words or actions indicated that you did not want to have or continue sexual contact, but the sexual contact continued
  • you submitted to sexual contact because someone threatened or used force on you
  • you were not able to give consent to sexual contact (for example, you were drugged, impaired, or have a disability)
  • someone persuaded you to have sexual contact by using their position of authority or power over you

Legal age of consent The legal age of consent to sexual activity is 16. However, there are “close in age” exceptions for youth as young as 12 years old. A 12 or 13-year-old may consent to sexual activity with a partner who is less than two years older than them given that there is no relationship of trust, authority, dependency, or other exploitation. Similarly, a 14 or 15-year-old may consent to sexual activity with a partner who is less than five years older than them if there is no relationship of trust, authority, dependency, or other exploitation. Then, the following table can be tabulated:

Youth's Age
12 13 14 15 16
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
Example Example Example Example Example Example
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 10, 2020.
v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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