In Ontario, sexual assault is a criminal offence that includes any unwanted touching of a sexual nature, such as kissing, fondling or rape. Regardless of the act committed, one aspect that plays a critical role in sexual assault cases is consent.
Why Does Consent Matter?
Consent is used to determine whether the criminal act of sexual assault truly took place. There are three general ways in which consent is evaluated by law enforcement, the Crown prosecutor, your criminal defence lawyer, and the judge:
- Was the individual of sound mind and did they have the legal capacity to consent?
- Did the individual give consent of their own free will without being under the influence of drugs or alcohol, or being coerced, threatened, or forced?
- Did the individual use verbal or nonverbal actions to communicate consent for sexual acts?
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