In British Columbia (and most other places), consent is a fundamental element in sexual assault cases. Understanding what constitutes consent and how the law defines is necessary for both victims and those accused of sexual assault.
This blog aims to clarify the legal definitions and implications of consent in BC.
Legal Definition of Consent
Under the Criminal Code of Canada, consent is defined as the voluntary agreement of the complainant to engage in the sexual activity in question. Someone must provide consent freely and they can withdraw it at any time.
Notably, the law emphasizes that silence or lack of resistance is not the same as consent.
Elements of Consent
- Voluntary Agreement: Consent must be given freely, without coercion, threats, or manipulation.
- Age of Consent: Canada’s legal age of consent is 16. However, there are exceptions where the age of consent can be higher. For example, when there is a relationship of trust, authority, or dependency.
- Capacity to Consent: Someone must have the mental capacity to understand and agree to the sexual activity. This includes being sober and not under the influence of drugs or alcohol.
- Communication: Consent must be clearly communicated. Non-verbal cues can be ambiguous—they aren’t reliable indicators of consent.
Situations Where Consent is Invalid
- Power Dynamics: If one party holds a position of power or authority over the other, consent might not be valid. Common examples include teacher-student or employer-employee relationships.
- Incapacity: If the complainant is unconscious, asleep, or otherwise cannot give consent, all sexual activity is considered non-consensual.
- Deception: Consent obtained through fraud or deceit is also invalid. This includes situations where the accused misrepresented the nature or purpose of the sexual activity.
Implications for Sexual Assault Cases
While consent must be proven unambiguously for any criminal charges, nuanced judgement still plays a part. A genuine belief of consent being given must be argued. However, this belief must be reasonable and based on clear, affirmative communication.
Legal Support and Resources for Sexual Assault Charges
If you are facing sexual assault charges, hire expert legal advice from a qualified BC defence lawyer. Hiring someone who understands the nuances of consent in Canada and the legal framework can significantly impact the outcome of the case.
Contact Jerry Steele today for fierce representation against sexual assault charges.