Home > What is sexual assault?
what is sexual assault?
Assault is:
- any threat or use of force,
- the person meant to do it and
- you do not freely agree to it. Touching, slapping, punching, kicking or pushing are all examples of assault.
Sexual assault is:
- any kind of assault, that involves sexual activity. Kissing, fondling and sexual intercourse without your consent are examples of sexual assault.
Are there different offenses of sexual assault?
Yes. The difference between offenses depends on how much force is used.
- Sexual assault is where sexual activity is forced upon you without actual physical injury.
- Sexual assault causing bodily harm is where you are physically hurt or threatened with a weapon during the sexual assault.
- Aggravated sexual assault is where you are wounded, brutally beaten or your life is put in danger during the sexual assault.
Who can be charged with sexual assault?
Anyone (man, woman or youth) who forces sexual activity on you can be charged with sexual assault. It does not matter if you know the person, or if the person is your date, your spouse or common-law partner.
What does it mean to "consent"?
To consent, you must freely agree to the sexual activity. You do not "freely" agree if:
- the person has power over you and uses it to get your consent, such as your boss or older family member;
- the person has a weapon;
- the person threatens to hurt you;
- the person threatens to hurt someone important to you, such as your child;
- you are too afraid to fight back. You cannot legally consent to sexual activity with any person if you are under 12 years old. If you are between 12 and 14, the accused (the person who is charged) cannot use the defence of consent unless the accused is:
- between 12 and 16 years old;
- less than two years older than you; and
- not in a position of trust or authority towards you, or someone you are dependent on.
What if I agree to some things?
Agreeing to certain things does not mean, that you are agreeing to sexual activity.
Sexual assault is when someone forces sexual activity on you even if you have:
- agreed to go home with the person or let the person into your home;
- gone out on a date with the person and agreed to hold hands or kiss;
- had sexual relations with the person before.
You have the right to say "no" to anything, at any time. No one has the right to force you into unwanted sexual activity, no matter what has happened before.
What should I do if I am sexually assaulted?
Get help right away:
- call a sexual assault centre: in Saskatoon our Crisis Line is 244-2224;
- go to the hospital for medical care: our volunteers / staff can go with you.;
- call the police. A sexual assault centre can send someone to:
- give you support and information;
- help you if you decide to report the sexual assault to the police, and accompany you if you wish..
To get medical care, go to emergency at the nearest hospital and tell them what happened to you. Even if the assault did not involve sexual intercourse, you should still get medical help. Prompt medical attention will address injuries, sexually transmitted infections (STI's), and pregnancy prevention. A Forenxic examination will also collect evidence that can be used to identify the offender, and can be used in court.
If the police find the person who assaulted you, you may have to give evidence in court. The police decide whether to lay charges, not you.
What if I want to report it to the police?
If you decide to call the police, do not:
- clean yourself;
- change or throw away your clothes;
- wash your hands or comb your hair;
- take any drugs or alcohol.
If you do any of these things, it may be harder for the police to get evidence about the person who attacked you. Write down everything you can remember.
Your notes:
- can help if you have to give evidence later at a trial;
- may help the police in their work.
What do the police do?
The police:
- may come to pick you up and take you to a hospital right away;
- collect any evidence from the scene of the crime and from the doctor's report;
- may take photographs of your injuries;
- ask you a lot of detailed questions about what happened to you.
- The police write your answers in a statement and then ask you to read and sign it.
- They use your statement and any other evidence to try to find the person who assaulted you.
If the police find the person they think assaulted you, they may:
- ask you to help identify the person;
- arrest and charge the person.
What happens if the police charge the person?
The police may keep the accused in jail until a first court appearance. At court the judge decides whether or not to keep the accused in jail until the trial. The judge may let the accused go if he or she agrees to do certain things, such as:
- pay bail money to get out;
- report to the police regularly.
Usually, the judge orders the accused not to contact you in person, by phone, or by mail. If you are afraid that the accused may try to hurt you or stop you from giving evidence at the trial, tell the police or Crown Prosecutor, and request a restraining order.
Do I have to go to court?
If the accused pleads not guilty, you may have to go to a preliminary hearing and a trial to give evidence about what happened. Talk to the Crown Prosecutor before the hearing or trial to find out:
- when and where court is;
- what questions the Crown Prosecutor will ask;
- what kinds of questions the defence lawyer will ask.
Ask if you do not understand what the Crown Prosecutor says. You have a right to know about the case and to be ready for the trial. You can bring a friend with you for support.
Can I be asked questions about my sex life?
You can be asked about your past sexual activities if the judge decides this information has something to do with this case. If the judge allows questions about your past sexual activities, you have to answer them during the trial. The Crown Prosecutor can:
- talk with you about whether you will have to answer such questions or not;
- get you ready for any questions that you may have to answer.
Any evidence about your past sexual activities cannot be used to show:
- that you consented to the sexual assault; or
- that you should not be believed because of your past sexual conduct.
Is the trial open to the public?
The trial is usually open to the public, but you have a right to have your identity protected from being in the news. Tell the Crown Prosecutor that you want your identity protected. If asked, the judge must make an order saying your identity cannot be made public in the media.
What if the accused is found guilty?
If the accused pleads guilty or is found guilty, the judge decides what the sentence should be.
The punishment for sexual assault can be anything from a fine to life in prison.
The judge can also give a suspended sentence or probation. The judge decides what sentence to give by looking at:
- how much force the accused used, and other facts about the assault;
- how much you have suffered: physically, mentally, or emotionally;
- the background of the accused, including lifestyle and criminal record.
If the accused is found not guilty this does not mean that the judge does not believe you. It means that there is not enough evidence to find the accused "guilty beyond a reasonable doubt". If the accused tries to contact you again, call the police. You may be able to get a peace bond or other police help.
Where can I get help?
You can get counselling and support from:
- a sexual assault centre or crisis centre: In Saskatoon call 244-2224;
- community support groups or women's centres;
- the local mental health unit.
To get financial help, contact the Provincial Victims Program. You may be eligible for help with:
- medical expenses;
- replacing clothing, eyeglasses, etc.;
- lost wages if you miss work;
- counselling costs.
For more information, call the Provincial Victims Office in Regina at (306)787-3500, or 1-888-286-6664. They accept collect calls. Go to the Victim Services website for more detailed information and application forms for compenstion: http://www.justice.gov.sk.ca/VS-Compensation.
You may be able to get an award of money by suing the person who assaulted you. A lawyer can help you do this. To find a lawyer:
- ask friends to recommend one;
- look through the yellow pages;
- call the Lawyer Referral Service, toll free at 1-800-667-9886
For further information on this and other areas of law, contact a library, government agency or PLEA. PLEA is a non-profit, non-government agency that provides a variety of legal information services to the public. If you need legal advice, contact a lawyer.
Public Legal Education Association of Saskatchewan (PLEA)
Saskatoon, Saskatchewan
phone: 653-1868 Fax; 653-1869
E-mail: plea@plea.org
Website: http://www.plea.org
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