To better understand sexual violence, see the definitions below.

Sexual violence

According to Policy 67b – Prevention of Sexual Violence

Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, which is committed, threatened or attempted against a person without the person’s consent. It includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, non-consensual condom removal (stealthing), and sexual exploitation. For further clarity, sexual assault includes rape. 

Consent

An active, direct, voluntary, unimpaired, and conscious choice and agreement to engage in sexual activity. These elements of consent must be present, even if alcohol or drugs have been consumed. Consent cannot be given by a person whose judgement is impaired by drugs or alcohol or by other forms of impairment. It is not acceptable for a person who is said to have engaged in sexual violence to use their own consumption of alcohol or drugs as an excuse for their mistaken belief that there was consent. For further clarity, consent

  • cannot be assumed or implied
  • cannot be given by silence or the absence of “no”
  • cannot be given by an individual who is impaired by alcohol or drugs, or is unconscious
  • cannot be given by an individual who is asleep
  • cannot be obtained through threats or coercion
  • can be revoked at any time
  • cannot be given if the person who is said to have engaged in sexual violence has abused a position of trust, power or authority

cannot be properly given if an individual has a condition that limits his or her verbal or physical means of interaction. In such instances, it is extremely important to determine how consent will be established.

To learn more about consent, watch the video Consent: It's simple as tea. (2:49)  

Sexual assault 

Any sexual physical contact, without the consent of a person, which may include unwanted kissing, fondling, sexual intercourse, oral or anal intercourse, other forms of penetration, or any other unwanted physical contact of a sexual nature.

Sexual harassment

Engaging in a course of vexatious comment or conduct against a person based on gender, sexual orientation, gender identity or gender expression where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. In some cases, one incident could be serious enough to be considered sexual harassment. Here is a non-exhaustive list of examples:

  • sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement and the person making the solicitation or advance knows or ought reasonably to know that the solicitation or advance is unwelcome;
  • an implied or expressed promise of reward for complying with a sexually oriented request;
  • an implied or expressed threat of reprisal or actual reprisal for refusing to comply with a sexually oriented request;
  • a sexual relationship that constitutes an abuse of power in a relationship of authority;
  • a series of sexually oriented comments or behaviours that may reasonably be perceived as creating a negative psychological or emotional environment for work or study; or
  • indecent exposure, voyeurism, degrading sexual imagery, degrading comments of a sexual nature (in person or online) and cyber harassment of a sexual nature. 

Workplace sexual harassment

Means:

  • engaging in a course of vexatious comment or conduct against a worker in a workplace because of their sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known, or ought reasonably to be known, to be unwelcome; or 
  • making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. In some cases, one incident could be serious enough to be considered sexual harassment.

Stalking

Behaviours which occur on more than one occasion and collectively instil fear in the person or threaten the person’s safety or mental health, or that of their family or friends. Stalking includes non-consensual communications (e.g., face-to-face, phone, online); threatening or obscene conduct or gestures; surveillance and pursuit; and sending unsolicited gifts.

Indecent exposure

The exposure of the private or intimate parts of the body in a lewd or sexual manner, in a public place when the perpetrator may be readily observed. Indecent exposure includes exhibitionism.

Voyeurism

The surreptitious observation of a person without their consent and in circumstances where they could reasonably expect privacy. Voyeurism may include direct observation, observation by mechanical or electronic means, or visual recordings.

Sexual exploitation

Taking advantage of another person through non-consensual or abusive sexual control. This may include the digital or electronic broadcasting, distributing, recording and or photographing of people involved in sexual acts without their consent.

Non-consensual condom removal (stealthing)

Form of sexual assault in which a sexual partner removes their condom during the sexual act, without the knowledge or consent of the other partner. 

Non-consensual condom removal (stealthing)

Form of sexual assault in which a sexual partner removes their condom during the sexual act, without the knowledge or consent of the other partner.

Online sexual violence

Form of sexual violence carried out through various communication technologies, such as the Internet, social media or text messaging.

Examples:

  • Sending sexual images (e.g., cyber-exhibitionism) or unsolicited sexual messages.
  • Sending unsolicited requests for sexual photos and videos to someone you may or may not know.
  • Recording a person without their knowledge and then sharing or publishing sexual images of them, or threatening to share these images.

Rape culture 

A culture in which dominant ideas, social practices, media images and societal institutions implicitly or explicitly condone sexual assault by normalizing or trivializing male sexual violence and by blaming survivors for their own abuse. There are many myths about sexual violence that influence how it is understood by survivors, perpetrators, their families and friends, and the broader public.

Myth and reality

Here are some of these myths:

Myth

Reality

It’s not sexual violence if the partners are in a relationship.

Sexual violence can occur in a marriage or other intimate partner relationship.

It wasn’t sexual violence because the partner didn’t report it to the police.

Just because a person doesn’t report the assault doesn’t mean it didn’t happen. Fewer than one in 10 survivors report the crime to the police.

The person didn’t scream or fight, so it wasn’t sexual violence.

The person can become paralyzed with fear and be unable to fight back. They may fear that if they struggle, the perpetrator may become more violent. If they are under the influence of drugs or alcohol, they may be unable to react or resist.

The person isn’t crying or visibly upset, so it wasn’t a serious sexual assault.

Each person reacts differently. They may cry or be calm, be silent or very angry. Their behaviour is not necessarily an indicator of the trauma they experienced.

The person has no obvious physical injuries, such as cuts or bruises, so it’s not sexual violence.

Lack of physical injury doesn’t mean the person wasn’t sexually assaulted. The perpetrator may use threats, weapons or other types of coercion that do not leave physical marks. The survivor may have been unconscious or otherwise incapacitated.

There wasn’t penetration, so it wasn’t sexual violence.

Any unwanted sexual contact is considered sexual violence. Many forms of sexual violence, such as stalking or distributing intimate videos, involve no physical contact. All of these acts are serious and can be damaging.

It’s no big deal to have sex with a person who is drunk, stoned or passed out.

If the person is unconscious and cannot legally give consent or is incapable of consenting due to the use of alcohol or drugs, it’s sexual assault.

If it had really happened, the person would be able to remember what happened and in the proper order.

Shock, fear, embarrassment and distress can all impair memory. Many survivors attempt to minimize or forget the details of the assault as a way of coping with the trauma. In addition, memory loss is common if alcohol or drugs are involved.

When a person says “no,” they often means “yes.”

When a person says “no,” they mean “no.” By ignoring the person’s refusal or choosing not to understand, the offender is not respecting their decision. Without mutual consent, it’s sexual assault.

Women lie and make up stories about being sexually assaulted.

The number of false reports of sexual assault is very low, consistent with the number of false reports for other crimes in Canada. Sexual assault carries such a stigma that many women prefer not to report it.

Some victims are just asking for it because of how they behave and dress.

A person does not ask to be sexually assaulted through their actions or appearance. Things like hitchhiking, staying out late, drinking or doing drugs, dressing seductively, wanting a relationship or expressing a desire to go home with someone—none of these constitutes an invitation or provocation to sexual assault.

Individuals who become sexually excited or have an orgasm during a sexual assault are consenting because they’re experiencing pleasurable feelings.

It’s possible for a person to have a physical reaction to sexual stimulation, even while they are being sexually assaulted. The person’s physical reaction or what they felt has no bearing on whether they were consenting at the time of the assault.

Offenders cannot control their sexual urges.

Sexual assault is an act of violence. It is not about sexual desire. These assaults are not about attraction or an inability to control urges. They are about control over another person. Offenders who commit sexual violence do not suffer from any physical impairment that forces them to have sexual relations or that prevents them from being able to control themselves. Everyone has control over their body’s sexual urges.

Every person who commits sexual violence has mental health problems.

Most of the time, the perpetrator is a member of the victim’s family or an acquaintance with no mental health problems.

All men who sexually assault other males are homosexuals.

Some sexual offenders have preferences as to the sex or age of their victims. Most men who sexually assault other males are heterosexual.

One way to stop sexual violence is to ignore it.

Ignoring sexual violence has the opposite effect: it can lead the perpetrator to continue to inflict sexual violence because they quickly realize the vulnerability of the target person.

Sexual harassment, office romances and flirting are all the same.

The difference between flirting and sexual harassment is consent. Flirting is mutual and wanted, but sexual harassment is not. Sexual harassment occurs when there is no consent by the target person.

Sources:

  • Campus Guide for Ontario Colleges and Universities
  • Information Guide for Sexual Assault Victims
  • Document de formation sur l’intervention psychosociale auprès des victimes d’agression sexuelle

For more information about sexual violence, contact the Human Rights Office.