Sexual Assault 101: Definitions, Legal Processes, and Safety Tips

What is Sexual Assault? 

Sexual assault is any unwanted sexual touching without voluntary consent. Consent is the voluntary agreement to engage in sexual activity. It is willing, certain, comfortable, sober, informed, and respected. 

Examples of Sexual Assault or Harrassment? 

There are various ways in which an individuals can be a victim of sexual assault. These instances include: 

Exploitation by the Employer: The employer not paying you until you have sex with them Invasion of Privacy: The landlord recording you in your bathroom or home Unwanted Touching: Being touched inappropriately while you are on a date with someone Inappropriate questions: Being asked personal and sexual questions by your employer or landlord 

Harassment at Work: Receiving sexual comments and jokes at your workplace 

It is critical to know when and how you are being sexually assaulted or if you witness someone being a victim of this. In this blog, you can learn the many ways to prevent sexual assault and harrasment, ensuing a more safe and equitable society for all individuals. 

Safety Tips: 

● Be aware of your surroundings and the people around you. 

● Stay in well-lit areas as much as possible. 

● If you are in trouble, attract help any way. You can scream or yell for help.

● Do not take drinks from strangers at restaurants, bars, or nightclubs.

● Avoid putting music headphones in both ears. 

● If someone is bothering you on the bus or sky train, tell the driver, transit police, or use the emergency signal. 

● Be alert at bus stops when waiting for the bus. 

Statistics: 

● 83% of sexual assaults are not reported to police. 

● 30% of all women age 15 or older report sexual assault at least once. ● In Canada, the rate of sexual assault victimization was more than five times higher among women (50 per 1,000) than men (9 per 1,000). 

● Young people from marginalized sexual and racial groups are more vulnerable to being targeted for sexual harassment. 

● Only 45% of people in Canada fully understand what it means to give consent to sexual activity. 

Police Procedure: 

If you experience sexual assault, there are several ways to report the incident to the police.

1. In Person: You can visit your local police station and make a report directly

2. Over the Telephone: You can call the police and report the assault 

3. Through VictimLinkBC: You can report confidentiality through VictimLinkBC

4. Through Third Party Reporting via Community Based Victim Service: If you’re uncomfortable reporting directly, you can do so through Community-Based Victim Services 

Legal Processes after Reporting: 

After reporting sexual assault, you will have numerous legal processes available to you, which include: 

1. Investigation: The police will investigate the incident and collect evidence.

2. Court Proceedings: If there is enough evidence to go to court, court proceedings will start. 

3. Victim Services: Your role as the victim will be as a witness at trial. Thus, you will be connected to victim services and assigned a victim support worker. 

4. Support Services: There are support services available during court such as:

a. Accompaniment: Victim service workers can orient you to court and provide support during the court case. 

b. Travel to Court - Financial Help: As a victim of crime, if you must travel to attend your court case, you may be able to have some of your travel expenses, such as meals, accommodation and transportation, covered. 

c. Court Interpreters: Court interpreters are available for the victims who speak a language other than English or are deaf or hard of hearing. 

Your Rights: 

It is highly essential for you to have knowledge about your rights and how you can apply these rights to any experiences of sexual assault or harrasment you face. These rights apply to all individuals, regardless of their gender, race, ethnicity, or sexual orientation. 

Section 7 of the Canadian Charter of Rights and Freedoms states that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice” – this applies to international students too. 

You do not need to fear that your student permit may be canceled or you will be deported if you report the incident to the police, you have the right to report. 

Additional Legal Processes and Remedies: 

Temporary Resident Permit (TRP): If you are in Canada awaiting a decision on your permanent resident application, experiencing family violence, or worried about losing your immigration status due to an abusive partner, you can apply for a Temporary Resident Permit (TRP). This permit grants you legal immigration status without requiring you to testify against your abuser. There is no fee for the initial TRP in cases of family violence, and TRP holders can access trauma counseling, health-care benefits, and may apply for a fee-exempt work permit. 

Open Work Permit for Vulnerable Foreign Workers: If you have a valid employer-specific work permit and are being abused or at risk of abuse in your job, you may be eligible for an open

work permit. This permit allows you to leave an abusive work environment and seek new employment, although it is a temporary solution with an expiry date and cannot be renewed. 

Workplace Standards: Domestic or Sexual Violence Leave: Employees experiencing domestic or sexual violence are entitled to take time off from work. They can take up to 5 days of paid leave and an additional 5 days of unpaid leave. Additionally, up to 15 weeks of unpaid leave is available for those who need extended time to recover. 

Overview: 

Sexual assault is a rapid crime that occurs vastly and affects many individuals, especially women. It is pivotal for all individuals to know when and how to ask for help, as well as what resources are available for them.

The South Asian Legal Clinic of BC and other clinics and centers provide essential support to survivors, helping them navigate the legal system and find the help they need.