What Is Consent?
Definition of Consent Under Section 273.1(1) of the Criminal Code
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.
Instances Where Consent Is Not Valid
- 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.
- 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.
