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Sexual Assault and�Sexual Violence

Elements of the presentation inspired by and taken from: Ministère de l’Éducation et de l’Enseignement supérieur. (Document de travail). Agression sexuelle et violence sexuelle – 2e secondaire, mai 2020, 31 pages.

Secondary 2

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Understand your own position on the notion of consent and its application in order to recognize a situation of sexual assault.

Reflect on the impact of myths and prejudices about sexual assault.

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What is sexual assault?

Sexual assault is a sexual act, with or without physical contact, committed by an individual without the consent of the person targeted.

Actions, comments, behaviours, or attitudes with unwanted sexual connotation

Expressed directly or indirectly (including via a technological means)

Including assaults in connection with sexual or gender diversity

What is violence that is of a sexual nature?

Includes a wide range of contexts and forms of assault:

All forms of assault or sexual violence is unacceptable and prohibited by law.

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What is sexual assault?

    • enticing a person to receive or engage in an unwanted sexual act, even in the context of a romantic relationship;
    • using threats or blackmail, to pressure another person, demean or harass them, so as to compel them to engage in a sexual act;
    • insisting on or continuing to engage in sexual acts despite a refusal or a lack of consent;
    • engaging in sexual acts with a person who is unable to give their consent.

It can be:

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What is sexual assault?

In the virtual world, it can be:

    • forcing a person to view sexually explicit photos or videos;
    • insisting a person, despite refusal or lack of consent, send a picture or video of a sexual nature (of oneself or another person) electronically;
    • insisting a person, despite refusal or lack of consent, show their genitals, buttocks or breasts or to engage in sexual acts online.

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What is sexual consent?

The voluntary and enthusiastic agreement that a person gives a partner to engage in sexual contact. Consent must be:

YES!

I prefer we stop here…do you feel like watching a movie?

Freely given: I have the possibility of accepting or refusing without feeling pressure or being forced (real or perceived pressure).

Informed: I have the capacity to consent, I know what I am consenting to and I know what I want (I am not intoxicated, unconscious or asleep).

Ongoing: I can change my mind and I can remove my consent at any moment.

Sexual contact without freely given and informed consent constitutes sexual assault.

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Two teenagers of the ages 13 and 17 want to engage in sexual contact together.

Does their age difference impact the validity of their consent?

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Age Difference

In Canada, adolescents of 16 years and older can legally consent to sexual activity. However there are exceptions to this rule with regard to young people who have voluntary sexual contact between each other.

When the younger partner is 12 or 13 years of age

The older partner:

Is a maximum of 2 years older than the younger partner;

Is not in a position of authority, trust or exploitation in relation to the younger partner.

Is not in a relationship of dependency towards the older partner.

The older partner:

Is a maximum of 5 years older than the younger partner;

Is not in a position of authority, trust or exploitation in relation to the younger partner.

Is not in a relationship of dependency towards the older partner.

When the younger partner is 14 or 15 years of age

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Oh really! What did you answer?

Last night, when we were kissing, Max asked me if I wanted us to take off our clothes.

I wasn’t expecting that, but I felt like it so I said yes!

How was it?

I felt a little bit shy at first but it was enjoyable, we felt good together.

Was consent valid?

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What can lead some people to feel they have an obligation to agree to a sexual act

without really wanting to?

Is consent freely given?

What are the reasons (or motivations) that can lead a person to engage in sexual acts?

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At a party, one person caresses another person. One of them had consumed alcohol.

Is the consent valid?

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There is NO consent possible, there can be no sexual acts between two people, when one of them:

  • is incapable of expressing it (asleep, unconscious);
  • is in a state that makes them incapable of genuinely consenting, intoxicated (under the influence of alcohol, drugs or medication);
  • has given consent through a third party.

Is the consent INFORMED?

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Consent must be revisited at different moments.

This means:

  • a person can agree to one sexual activity, but not to another one;

  • a person can change their mind and withdraw their consent at any moment;

  • sexual consent must be given at each sexual encounter and before engaging a sexual act that is of different nature, it is necessary to be certain that the other person is in agreement.

Are you ok?

Do you want me to continue?

Is the consent ONGOING?

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How can you be sure that the other person is consenting?

The partner who initiates the sexual activity must be certain that they have the other person’s consent.

Is that ok?

Do you want me to continue?

Do you feel comfortable with…? Do you feel like…?

Verbal consent

Consent is assessed by way of enthusiastic gestures.

A person’s decision to consent or not must be respected, without insisting or trying to make them give in, or to convince them to continue or to go further.

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Video

« Consent (part 1) »

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Sexual Consent Traffic Lights

In these situations:

  • The partners clearly express their agreement and comfort with the situation (with words and gestures).
  • The partners show concern for one another and both partners are enjoying themselves.
  • The partners share a common understanding of what they agree to.
  • The partners know that they can change their mind at any point during the sexual encounter and that, if this happens, the other person will accept their decision to stop or not take things further.

Is the consent ONGOING?

GREEN

Maintain communication

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Sexual Consent Traffic Lights

In these situations:

  • The partners are not sure what the other person wants to do or is comfortable doing.
  • The partners assume, without discussing it together, that they will likely do the same things as last time.
  • One partner feels as though they are getting mixed messages (e.g. the other person says everything is okay but then their body gets tense when touched).
  • One partner’s behaviour or attitude changes and becomes less enthusiastic.

Is the consent ONGOING?

YELLOW

It’s time to pause

and check in

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Sexual Consent Traffic Lights

In these situations:

  • One partner does not show interest in giving or receiving a sexual act.
  • One partner is asleep, intoxicated or unconscious.
  • One partner consumed alcohol or drugs.
  • One partner stops or is no longer responsive (they freeze up, are immobile or distant).
  • One partner uses a strategy to impose sexual relations by any means (e.g. pout, manipulate, intimidate, inebriate or force the other person).
  • One partner asks the other to stop or refuses (verbally or physically) a sexual act.

Is the consent ONGOING?

RED

Time to stop

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Scenario 1

At a training session, after the rest of the team leaves, the coach asks Jamie to follow him into the locker room. The coach kisses him. Jamie does not dare push him back.

  1. Why does Jamie not dare push him back?
  2. Is consent valid in this situation?

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Scenario 2

Sofia’s boyfriend asks her if she wants to have sexual intercourse with him. Sofia does not know what to answer. She does not want to have intercourse, but she is afraid of her boyfriend’s reaction. Every time she refuses, he gets mad and sulks for several hours.

  1. Why does Sofia hesitate to say “no” to her partner?
  2. If Sofia accepts to have sexual intercourse with her boyfriend, is her consent valid?

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Scenario 3

While they are kissing, Anna asks her partner if she can carry out a sexual act. The partner does not respond and becomes distant.

  1. If Anna continues with carrying out the sexual act, is the consent valid?
  2. What should Anna do?
  3. What are the signs that can indicate whether the partner consents or not to the sexual act?

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Scenario 4

Estelle accepted an online friendship request from a guy she doesn’t know, but with whom she has friends in common. She likes talking with him, she finds him funny and friendly. However, for some time, he regularly asks for a photo of her without a shirt. Until now, she just ignored his requests. Yesterday, he threatened to spread rumours about her.

  1. What could Estelle do?
  2. What can you do to feel safer in the virtual world?

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Tips to feel safer in the virtual world

  • Protect your identity (photo) and personal information (address, email, phone number, name of school, etc.);
  • Choose appropriate security settings when sharing photos or videos;
  • Never go alone to meet someone you have only met online;
  • Block addresses and do not respond to people who make you feel uncomfortable;
  • Report any online situation that makes you feel uncomfortable to a trusted adult.

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Prevention Tips: How to Feel Safer

  • Trust your instinct when something does not feel right (rely on your internal alarm system);
  • Tell an adult your whereabouts, the time of your return and how you will get back;
  • Travel as a group, watch over each other;
  • Do not follow a person or people that you don’t know well or don’t know at all;
  • Leave, if possible, a place where you feel uncomfortable;
  • Make an agreement between friends to protect each other, especially if there is alcohol or drug use;
  • Talk with someone you trust if this happens, ideally an adult (have a list of people you can contact in case it is needed);
  • Plan ways to ensure your safety in case a situation became dangerous.

Sexual assault is a takeover of the person who is victim.

The responsibility of the sexual assault always belongs to the person who committed it.

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Video

“Consent”

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What is a myth or prejudice?

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The person who is victim of sexual assault is responsible for the assault because their attitude or the way they were dressed provoked the person who assaulted them.

True or False 

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The person who assaults is usually known to the person who is victim.

True or False 

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Men cannot be the victim of sexual assault. They know how to defend themselves; they would never let themselves be assaulted.

True or False 

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Males are more biologically predisposed to committing sexual assault because they have a greater need to satisfy their sexual urges.

True or False 

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A sexual assault can occur within a romantic relationship.

True or False 

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Sexual assault only happens when the consumption of alcohol is involved or in dark, isolated places.

True or False 

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If the person doesn’t say anything, it means that they agree.

True or False 

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What are the impacts of these

myths and prejudices?

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Remember�

  • Everyone has the right to freely choose whether to engage in sexual acts.
  • Consent is essential before receiving or engaging in any sexual act.
  • Consent must be validated and renewed on an ongoing basis.
  • Consent is valid when the partners:
                  • are able to communicate (freely and in an informed way);
      • are not in a relationship of dependence or authority.
  • Myths and prejudices reduces a person’s capacity to recognize and disclose a situation of sexual assault.
  • It is important to disclose any situation involving sexual assault to a trusted adult.

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References

  1. Orientations gouvernementales en matière d’agression sexuelle, Ministère de l’Éducation, Ministère de la Famille et de l’Enfance, Ministère de la Justice, Ministère des Relations avec les citoyens et de l’Immigration, Ministère de la Santé et des Services sociaux, Ministère de la Sécurité publique, Ministère de la Solidarité sociale, Secrétariat aux affaires autochtones, Secrétariat à la condition féminine, 2001, p. 22.
  2. Retrieved from the website Get Cyber Safe at https://www.getcybersafe.gc.ca/en (consulted in December 2022).
  3. Retrieved and adapted from the Institut national de santé publique du Québec website at https://www.inspq.qc.ca/en/sexual-assault/fact-sheets/sexual-harassment (consulted in December 2022).
  4. Baril, K, et Laforest, J., 2018. Les agressions sexuelles, dans J. Laforest, P. Maurice et L. M. Bouchard (dir.), Rapport québécois sur la violence et la santé, Québec : Institut national de santé publique du Québec. www.inspq.qc.ca/rapport-quebecois-sur-la-violence-et-la-sante/la-violence-dans-les-relations-amoureuses-des-jeunes (consulté en décembre 2019).

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Credits

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