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Sexual Violence

What is Sexual Violence?

Sexual violence is any form of unwanted sexual contact, including sexual assault and sexual harassment.

As a type of gender-based violence, sexual violence is often rooted in gender inequality and injustice. While anybody can experience sexual violence, women, girls, and gender-diverse people tend to be at a higher risk due to the additional discrimination and barriers they face.

  • You are not alone.
  • We are here to listen and support.
  • You have options to address what happened.
  • We will support you with the choices you make.  You will have someone to talk to about what happened and access emotion and practical support.

Types of Sexual Violence

Sexual violence includes the violation of another person such as:

  • Sexual assault is any non-consensual activity that interferes with a person’s sexual integrity. It can include forced unwanted kissing, touching, vaginal penetration, anal penetration, and oral sex (Source: Just the Facts – Sexual Assault | Royal Canadian Mounted Police (rcmp-grc.gc.ca))
  • Sexual Offences in The Criminal Code of Canada
    • Sexual Assault
    • Sexual assault with a weapon
    • Aggravated sexual assault
    • Voyeurism
    • Trafficking in persons
    • Non-consensual distribution of intimate images
  • Sexual Offences in the Criminal Code of Canada specific to protecting children
    • Sexual interference
    • Invitation to sexual touching
    • Sexual exploitation
    • Child pornography—made, distributed, sold, made available, possessed or accessed, advertised, exported or imported
    • Luring a child
    • Exposing
    • Child prostitution
    • Child sex tourism
    • Child Sexual Abuse—A child cannot consent to any form of sexual activity. The age of consent to sexual activity is 16 years. Child sexual abuse can include: exposing oneself to a minor, obscene conversations, producing or owning pornographic images of children, sex trafficking or any other form of sexual contact that involves a minor. (Source: Age of Consent to Sexual Activity – The Government of Canada website)
  • Sexual assault can occur in situations where:
    • The assaulter is known to the victim.
    • There has been a process of grooming and gaining trust of the victim.
    • There is a past or current romantic relationships.
    • The assaulter is a stranger.
  • Sexual Assault of Men and Boys—Men and boys can experience similar impact of sexual violence with some additional challenges that cause confusion and feelings of responsibility of the violence, such as experiencing orgasm during the act of assault.
  • Intimate Partner Sexual Violence—Sexual assault can occur in any intimate partner relationship including any heterosexual relationships or relationships on the LGBTQ2S+ continuum.
  • Incest—This includes any sexual assault/act from one family (immediate or extended) to another family member. This is often common in child sexual abuse.
  • Drug Facilitated Sexual Assault—this occurs when drugs and alcohol are used to compromise an individual’s ability to consent to sexual activity. Substances lower people’s inhibitions, ability to resist, and to remember the act of assault. Alcohol is one of the most commonly used substances in this type of assault. Others can include sleep aids, anxiety medication, muscle relaxers, street drugs like GHB, rohypnol, ecstasy, or ketamine.
  • Sexual Harassment—Unwelcome sexual advances, request for sexual favours, verbal or behaviour of a sexual nature. This can include: making conditions of employment or advancement dependant on sexual favours implied or explicit, jokes referring to sexual acts or sexual orientation, unwanted touch or physical contact, unwelcome sexual advances, discussing sexual relations, stories or fantasies at work school or in other inappropriate places, feeling pressure to engage with someone sexually, exposing oneself or performing sexual acts on oneself and unwanted sexually explicit photos, emails, or text messages.

Consent

All sexual activity without consent is a criminal activity, regardless of age. The age of consent to sexual activity is 16 years. Additional factors are close in age exceptions and sexual exploitation.

  • Close in age exception for 12 and 13 year olds. A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority, or dependency or any other exploitation of the young person. This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence.
  • A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority, or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity is a criminal offence.
  • Sexual exploitation. A 16 or 17 year old cannot consent to sexual activity if:
    • Their sexual partner is in position of trust or authority towards them, for example their teacher or coach.
    • The young person is dependent on their sexual partner, for example for care or support.
    • The relationship between the young person and their sexual partner is exploitative.
    • The following factors may be taken into account when determining whether a relationship is exploitative of the young person:
      • The young person’s age
      • The age difference between the young person and their partner
      • How the relationship developed (for example: quickly, secretly, or over the internet)
      • Whether the partner may have controlled or influenced the young person

(Source: Age of Consent to Sexual Activity –  The Government of Canada website)

 

If you know someone who has experienced an act of sexual violence it is important to believe them and to remember that sexual violence is not the fault of the survivor regardless of:

  • What they were wearing
  • How much they had to drink
  • What they do for work
  • Their gender or gender expression
  • If they were out alone
  • If they consented last week but not now
  • If they changed their mind

Options After Sexual Assault

At Mid-Island Sexual Assault Services, we are here to support you in whatever decision you make for yourself or family by offering options after sexual assault.

 Choices can include:

Someone to talk to about what happened and access emotional and practical support.

Access medical support due to the assault and to access medications to deal with the risk of sexually transmitted infections and or pregnancy.

  1. Hospital
  2. Family doctor
    • Other Resources to Access STI Testing:
    • Aids Vancouver Island (Nanaimo) – AVI Health and Community Services 102-55 Victoria Road, Nanaimo. B.C. V9R 5N9. Monday to Thursday 9:00 a.m.-5:00 p.m.250-754-9111
    • Options for Sexual Health Clinic – #8-199 Dufferin Cresent, Nanaimo, B.C. V9S 5L5. Monday-Wednesday 5:00 p.m. – 8:00 p.m. Call to book an appointment 250-753-9511

This is a medical exam specifically for survivors of sexual assault and/or relationship violence where forensic evidence is collected with your consent. This option can be useful if you would like to report the assault to police. The forensic exam is accessible for up to 7 days after an assault and gives the choice of 3 options of care:

  • Medical care. – Involves medications and bloodwork based on your needs. No RCMP report and no forensic samples are collected.
  • Medical care and Forensic exam – Includes medical care as in option 1, documentation of physical injuries, and forensic samples are collected. The forensic samples are stored for one year, so survivors have time to decide if they want to report. Documentation is held forever. No RCMP involvement.
  • Medical care, Forensic exam, and Police report – Includes medical care, documentation of injuries, forensic sample collection with reporting to police and handing forensic samples over that day.

In British Columbia, TPR of a sexual assault is the process in which adult survivors (19+) can access support services and report details of the sexual assault to police anonymously through Community Based Victim Services (CBVS) or another designated program such as SAS.

You can make a statement to police and you have options.

  • Report to police to have a record on file about what occurred.
  • Report, and police can take action on it by talking to the alleged offender that a report has been made.
  • Police can take action, gather evidence, speak with alleged offender and, if there is enough evidence, forward the package of evidence to the Crown.
  • Take your statement so that they have a record on file about what occurred. The police will then take action by talking to the alleged offender about what happened, gather evidence about the assault, and then forward the package of information to the Crown.

It is important to note that there is no statute of limitation for sexual assault.

It is also important to keep in mind that the Child, Family and Community Service Act requires anyone who has reason to believe that a child (anyone under 19) has been or is likely to be abused or neglected, and that the parent is unwilling or unable to protect the child, must report the suspected abuse or neglect to a child welfare worker with the Ministry of Children and Family Development.  (BC Handbook for Action on Child Abuse and Neglect.) This includes child sexual abuse and sexual exploitation.

support services

Other Community-Based Resources for Support

It takes courage to seek help.
When you Are ready, We are here.