Sexual Assault and Consent: What You Need to Know

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Sexual Assault and Consent What You Need to Know

• www.guptacriminallaw.ca
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Most people are unaware that consent, when
related to sexual contact and intimacy is
something that can be given and taken away at any
time, with or without any notice.
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Far too often, especially with younger adults,
they assume once someone gives them consent to
have sex, it is withstanding and means they can
have sex with the other person or touch them in a
sexual manner as often as they want.
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Unfortunately, this is how many young adults find
themselves being contacted by the police for
questioning on allegations of sexual assault. As
already mentioned consent is not a one-and-done
deal.
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A person has the right to give their consent and
engage in sexual behaviours one time, and then
withdraw the consent later, and refuse to
participate willingly in future sexual encounters.
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Further complicating matters, is there are
varying degrees of sexual consent one can give
and take away.
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Understanding this key concept and how consent
works is beneficial as it can help prevent
finding yourself in a situation where you are
being charged with sexual assault. To illustrate
how consent works, we will review a few different
scenarios.
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Scenario 1 You take a person out for a fun night
on the town. Upon returning to their home at the
end of the night, they invite you in.
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At this point, the person has only consented to
allowing you to enter their home nothing more.
After entering the home, you talk and this leads
to consensual kissing and touching of a sexual
manner.
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At this point, the person has only consented to
allowing you to enter their home nothing more.
After entering the home, you talk and this leads
to consensual kissing and touching of a sexual
manner.
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Now, this is where things often become confusing
for most young adults. The person has consented
to kissing and being touched in a sexual manner,
but has not consent to having actual sex.
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Some people might misconstrue the consent given
thus far, as an invitation and consent to have
sex, yet it is not.
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If you attempt to take things further and the
person says no, and you do not stop, you have now
committed sexual assault.
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Scenario 2   You have been dating the same person
for several months, and during this time both of
you have engaged in consensual sex on a regular
basis.
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One evening, you want to have sex, yet your
partner tells you they are tired but initially
consent. A short while later, they tell you to
stop because they are drifting off to sleep.
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At this point, consent has been withdrawn, and if
you continue to have sex, you have committed
sexual assault.
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Scenario 3   You and your partner are at a party.
Everyone is having a good time and over the
course of the evening, your partner drinks a
little too much.
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After helping them home, you decide you want to
have sex, even though your partner is barely
conscious.
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Since they are in a condition, where they cannot
give consent, if you engage in sex with them you
are committing sexual assault. As you can see,
consent is rather complex and confusing.
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The best course of action, to protect yourself,
is to ensure you always obtain verbal
confirmation from the other person and respect
their decision if they tell you no, tell you to
stop, or are in a condition where they are not
able to give consent.
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In the event you are contacted by the police to
come in for an interview or questioning related
to an alleged sexual assault,
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it is in your best interest to ensure your rights
are protected by contacting Toronto criminal
defence lawyer, Rishma Gupta, by calling
416-844-8467 immediately. Source-
http//www.guptacriminallaw.ca/sexual-assault-cons
ent-need-know/
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