The Law of Consent in Sexual Assault

According to a Toronto sexual assault lawyer, a sexual assault is any sexual activity that is forced. This includes kissing, grabbing, or raping. Both parties should agree to the sex for it to be legal. The law pays attention to how the victim was feeling or thinking at the time the act happened.

The law states that you can only sexually touch a person who has communicated their consent. They don’t have to say through word only. Sexual approval can also be expressed through response. If they are silent or do not respond to the sexual act, it means they are not consenting and going ahead would mean committing a sexual assault. Learn more from Toronto sexual assault lawyer below.

  1. There is No Consent When the Following Happens
  2. A person does something to show that they do not want to continue with the sexual act that has started
  3. A person says or does something to signal that they do not want the activity
  4. Another person agrees on behalf of the victim
  5. A person is unconscious, so they cannot agree to the activity
  1. The Following Reasons Cannot be Mistaken with Consent
  2. If the accused was reckless and did not wait for the other person to confirm the consent
  3. If they ignored signs that showed the other party’s disinterest or consent
  4. If they did not follow the right steps to confirm consent from the other party
  5. If they misjudged the consent because they were drunk

According to a sexual assault lawyer Toronto, the person initiating the sexual act is the one responsible for ensuring their partner has consented to it. They don’t have a right to go on after their partner has said no and some time has passed. If the other person has not confirmed the consent, the initiator also does not have a right to go on because they did not hear a no.

A person cannot legally consent to a sexual activity that will happen in the future if they intend to get drunk. That means they will be unconscious by then. A person can also not legally consent to a sexual activity they will suffer broken bones, stitches, or severe bruises. 

The age at which a young person can legally consent to sexual activity is 16. However, if the sexual activity involves pornography or prostitution, the young person should be 18 years and above. This also applies to a sexual activity involving authority or dependencies like a baby sitter or couch.

This law is different for the age difference. Toronto sexual assault lawyer Toronto says that if the two people are in the same age bracket, like a person being 14 years, they can consent to sexual activity with another person who has an age difference of five years. However, they should not be in authority or their dependants. The fact that a person consented to sexual activity in the past does not mean that they automatically want it the next time.