What Is Consent?
Section 273.1(1) of the Criminal Code defines "consent" , for the purposes of the offences of sexual assault, sexual assault with a weapon, and aggravated assault, as the voluntary agreement of the complainant to engage in the sexual activity in question.
Consent is not validly obtained where:
- Consent is expressed by someone other than the complainant;
- The complainant is incapable of consenting (i.e. unconscious, mentally ill, or so affected by drugs or alcohol that they did not know what they were doing)
- Consent was obtained in advance to sexual contact (i.e. where the person gave consent then fell asleep);
- The accused induces the complainant to engage in sexual activity by exercising a position of trust or authority;
- The complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
- the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
