Sexual Violence
& Consent
Sexual activity is only legal when all partners give consent. Any sexual activity without consent is sexual assault and is against the law.
Sexual Violence
Consent
Giving consent means agreeing to sexual activity with someone. Sexual activity is only legal when all partners give consent. Any sexual activity without consent is sexual assault and is against the law.
Sexual consent must be explicit
There’s only one way to know if a person has given their consent: if they tell you. It is the responsibility of each person to ensure they have the sexual consent of their partner(s). Never pressure anyone to give their consent and never assume you have consent. Things like past sexual contact, clothing, or being on contraception do not mean someone has given their consent for sexual activity. Sexual consent must be clearly communicated. Any sexual activity without consent (nonconsensual), even touching, oral sex, or kissing is hurtful and illegal.
Sexual consent can change
It is ok to change your mind about sexual consent. You or your partner(s) can decide at any time that you want to slow down or stop sexual activity. Be honest about how you’re feeling with yourself and with your partner(s). Clearly communicate to your partner(s) if something makes you uncomfortable and respect their right to do the same. Sexual consent can also change over time. Even if you have had sex with a person before, you both have the right not to give your consent in the future.
Sexual consent must be specific
Just because someone has given their consent for one type of sexual activity does not mean they have consented to anything or everything. It’s important to be clear with your sexual partner(s) about your boundaries and respect their right to do the same.
Not everyone can give sexual consent
Each person must give their own consent for sexual activity. No one can give consent for another person. There are some people who can never give consent for sexual activity.
- A person cannot give consent to activity where they will suffer bodily harm such as cuts or broken bones.
- An unconscious person (not awake) cannot give their sexual consent, even if they have given consent in the past when conscious. Any sexual activity with an unconscious person is against the law.
- An intoxicated person (drunk on alcohol or high on drugs, or both), cannot give their sexual consent, even if they have given consent in the past when sober. Any sexual activity with an intoxicated person is against the law.
- A person under the age of consent for sexual activity cannot give their consent.
AGE OF CONSENT
In Canada, the age of consent at which a young person can legally agree to sexual activity is determined by a number of factors. Any sexual activity with a person below the age of consent is criminal offence.
Under 12 Years of Age: People under 12 years of age cannot consent to sexual activity under any circumstance.
12 and 13 Years of Age: People 12 and 13 years old can consent to sexual activity with a partner who is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation.
14 and 15 Years of Age: People can consent to sexual activity with a partner who is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation.
16 Years of Age and Older: Sixteen is the legal age of consent for sexual activity. The age of consent is higher (18 years) when there is a relationship of trust, authority or dependency.
You have the right to say no to any kind of sex.
It doesn’t matter whether you are in a relationship, or even if you have had sex before. You can always say no. Even if you start having sex, then changed your mind. You can always say no.
Sexual consent means saying “yes”. Any sexual activity without consent is sexual assault and is against the law.
Learning About Sexual Consent
Sexual Violence
Sexual harassment, sexual assault and sexual abuse are all forms of sexual violence. Sexual violence impacts individuals, and communities in every part of our province.
Sexual Harassment
includes unsolicited and unwelcome intimidation through sexual comments or gestures, coercion of a sexual nature, or the inappropriate promise of rewards in exchange for sexual favours. Sexual Harassment can be verbal, physical or visual and can become sexual assault when non-consentual sexual touch is involved.
Sexual Assault
includes any sexual act done to a person without their consent. A sexual assault can be attempted intercourse, unwanted fondling, groping, or a person being forced to perform any sexual act against their will. The person who commits the assault is always the one responsible for the act of sexual violence.
Child Sexual Abuse
includes exposing a child or youth to harmful interaction of a sexual nature either through physical contact of a sexual nature or by exposing the child/youth to sexual talk and/or images either in person or through technology. Everyone has a legal obligation to report suspected child abuse.
Immediately After A Sexual Assault
If you have been sexually assaulted, it was not your fault. You may be feeling shocked, sad, angry, scared or lots of other emotions. No matter what you are feeling, you’re not alone. And, just because someone doesn’t act or feel a certain way, does not mean their experience of sexual assault wasn’t legitimate.
Sexual Assault Services
If you or someone you care about has experienced a sexual assault, it was not your fault and you are not alone. The Sexual Assault Services of Saskatchewan are a group of organizations across the province dedicated to supporting survivors of sexual assault. They can provide information, counseling and support accessing medical care and reporting the assault, if decide to.
Seeking Medical Care
Even if you aren’t physically injured, it’s still a good idea to seek medical attention as soon as you can. There is care you can receive at the hospital to help prevent pregnancy and sexually transmitted infections. These are more effective the sooner after a sexual assault that they are started.
A Forensic exam (also called a rape kit) can be done at the hospital if the sexual assault happened within the last 72 hours. This gives police a better chance of finding evidence and catching the perpetrator of the assault. You are not required to have a forensic exam. If you decline a forensic exam, you can still get medical treatment from a doctor or emergency department.
Reporting Sexual Assault to Police
If the person who was assaulted is under the age of 18 years, anyone who has knowledge or suspicion that an assault has occurred has a legal responsibility to immediately report the event to police (duty to report), even if they believe someone else may have already made a report. A person reporting suspected assault or abuse is not required to provide their name.
If the person who was assaulted is over the age of 18 years, it is their decision to report a sexual assault to police. If you have been assaulted and you want to report the assault to police, it’s better to do it right away. A report of sexual assault should be made to the local city police or RCMP. If you have gone to hospital, police may be able to meet you there. If possible, don’t change your clothes, shower, brush your teeth, drink anything, and don’t clean up the place where the assault happened. This gives police a better chance of finding evidence and catching the perpetrator of the assault. If you do not want to make a report now, it can be helpful to write down everything you can remember about what happened to you, in case you want to report it to police in the future. There is no statute of limitations (no time limit) on reporting sexual assault.
If you are a survivor of sexual violence that took place in Saskatchewan, you can receive 2 hours of free legal advice. The incident does not need to have been reported to the police. The program is available to individuals of any age or gender, regardless of income, and it doesn’t matter how long ago the incident occurred.
Intimate Partner Violence
Intimate partner violence can include physical, emotional, verbal, financial or sexual abuse and/or assault. Anyone can experience intimate partner violence, regardless of age, gender, sexual orientation, culture, or relationship status. No one has the right to hurt you. If you are experiencing any kind of intimate partner violence, it is not your fault. There are supports that can help.
WARNING SIGNS OF AN UNHEALTHY RELATIONSHIP
Your partner hurts or threatens you.
Your partner controls who you see, where you go, what you do.
Your partner stops you from making decisions about your own body.
Your partner threatens to leave or harm themselves if . . .
Your partner has trouble controlling their temper.
Your partner acts jealous or possessive.
Your partner refuses to practice safer sex or get tested for STIs.
You feel bad about yourself in the relationship.
You don’t feel safe.
Duty to Report Child Abuse
In Saskatchewan, if you believe a child may be neglected or abused, you have a legal responsibility to immediately report your concerns, even if you believe someone else may have already made a report. A person reporting suspected abuse is not required to provide their name.
All incidents of suspected, observed, or disclosed abuse should be reported immediately.
Reporting during regular business hours
Contact your nearest Ministry of Social Services Office, First Nations Child and Family Services Agency or local police or RCMP.
Reporting outside regular business hours to After Hours Crisis Centre
Prince Albert | 306-764-1011
Saskatoon | 306-933-6200
Regina | 306-569-2724
Other SK Communities call Local Police or RCMP