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Canada's laws about consent and sexual assault have shifted in the past few decades.
But how far have we really come?
There are more than 600,000 sexual assaults every year in Canada.
An estimated 95% are never reported to the police.
People may choose not to report because of concerns about discrimination, or about being
disbelieved or blamed.
Of the few sexual assaults that are reported to the police, only 12% lead to conviction.
There's still a lot of work to be done to shift the justice system to better support
people who have been sexually assaulted.
What is sexual assault?
According to Canadian law, sexually touching any part of another person's body without
consent is sexual assault.
Consent means agreeing to sexual activity.
Consent is freely given.
Consent is active.
Everyone involved needs to do or say something to show that they are a willing participant.
Consent is ongoing.
In other words, consenting to one sexual activity doesn't mean you consent to another activity,
or to the same activity later on.
You also have the right to take away your consent at any time during sexual activity.
The law's understanding of consent has come a long way thanks to the hard work of many
people.
Let's turn the clock back to the early 1980s.
When that decade started, the law didn't require consent within marriage.
Thanks to lots of activism, this finally changed.
Since 1983, Canadian law recognizes that sexual touching without consent is sexual assault,
including in marriage.
Being in a relationship with someone doesn't take away the need for ongoing consent.
In 1992, a new law defined consent as a "voluntary agreement"—in other words, consent is
active.
It can't be assumed or implied.
This law also said that there is no consent when someone participates because of force,
threats, abuse of authority, or certain kinds of deception.
Consent must be freely given.
The law also clarified that you don't need to fight back in order to refuse consent.
Another victory was achieved in 1999, when the Supreme Court ruled that silence [background
music cuts out] does not equal consent [background music resumes].
What the law says is one thing.
What actually happens in court can be another.
In 2014, a judge faced criticism for victim-blaming comments he made during a sexual assault trial.
The woman who reported the assault was Indigenous, 19 years old, and homeless.
The judge asked her why she couldn't just keep her knees together and called her "the
accused" over and over again—suggesting that she was to blame.
The judge's remarks are especially devastating considering all the violence and injustice
young Indigenous homeless women are up against in our society.
After an inquiry, the judge resigned.
In 2017, BC became the second province to legally require post-secondary institutions
to have policies about sexual violence. [cheering]
Where's the rest of the story?
It's still to be written.
Despite all this progress, many people who have been sexually assaulted don't feel
the justice system is there to protect them.
Victim-blaming ideas can show up in the justice system, and those ideas have deep roots in
our culture.
Whenever we are safe to do so, we need to challenge them.
We need to remind each other that no one is ever to blame for being sexually assaulted.
And that it's everyone's responsibility to check for consent: a freely given, active,
ongoing "yes."
Get informed.
Shift culture.
Change the system.
Help end sexual assault.
If you are in BC or Yukon and want support, contact VictimLink, a service that is available
at all times and in many languages.
Please note that this video does not contain legal advice.
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