Sexual Assault: What is It?

Highlights

  • There is no universal definition of sexual assault, and it can be defined according to different perspectives (e.g., political, legal, clinical or scientific).
  • One element that is common to all forms of sexual assault is the absence of consent, meaning that the victim did not consent to the sexual activity or to its continuation, was unable to consent or refuse, or was below the age of consent.
  • The Quebec government defines sexual assault as an act of a sexual nature, with or without physical contact, committed by an individual without the consent of the victim or in the absence of valid consent, particularly when it involves minors. It is an act of domination intended to subject another person to the perpetrator’s desires through an abuse of power, the use of force or coercion, or implicit or explicit threats.
  • Sexual assault can take different forms, occur in different contexts, and happen at any point in life, from childhood to late adulthood, to people of any gender.
  • Sexual assault is one of the many manifestations of violence against women, alongside intimate partner violence and sexual exploitation. In Quebec, in 2020, women accounted for 88.7% of police-reported victims of sexual assault.
  • Certain laws, which differ from one country or state to another, define sexual assault. In Canada, the Criminal Code determines which situations constitute crimes of a sexual nature, based on various sexual offences or assault, including sexual assault.

Definitions of sexual assault

The terms sexual assault and sexual violence are not synonymous. Sexual violence is a broader concept, which encompasses a continuum of acts of psychological or physical violence that manifest themselves sexually.  In addition to sexual assault, sexual violence also includes sexual harassment and sexual exploitation.1 However, these last two forms of violence are not addressed in depth in this kit, which is why the term sexual assault is used.

Depending on the organization or person conveying the message, several terms (see Glossary below) may be used when referring to sexual assault, such as sexual abuse, rape, sexual violence or violence of a sexual nature, sexual offences or sexually-based offences.

This media kit was developed using the term sexual assault, which refers to acts of a sexual nature, with or without physical contact, committed against minors or adults without their consent or in the absence of valid consent. This definition is taken from the Quebec government’s Orientations gouvernementales en matière d'agression sexuelle (government policy directions on sexual assault). Since 2001, these guiding principles have proposed joint, concerted approaches and actions to combat the issue of sexual assault. These principles are implemented through five-year action plans on sexual assault.2

Sexual assault as defined in the government policy directions

In the Orientations gouvernementales en matière d’agression sexuelle (government policy directions on sexual assault), sexual assault is defined as an act of a sexual nature, with or without physical contact, committed by an individual without the consent of the victim or, in some cases, particularly in the case of children, through emotional manipulation or blackmail. It is an act intended to subject another person to the perpetrator’s desires through an abuse of power, the use of force or coercion, or implicit or explicit threats. Sexual assault violates the victim’s fundamental rights, including the right to physical and psychological integrity and security of the person. This definition applies regardless of the age, sex, culture, religion or sexual orientation of the victim or of the perpetrator of the assault, regardless of the type of sexual act committed or the place or life setting in which it occurs, and regardless of the relationship between the victim and the perpetrator. Other terms are also used to refer to sexual assault, including rape, sexual abuse, sexual offences, sexual contact, incest, prostitution, and child pornography (p. 22).2

From a legal standpoint in Canada, sexual assault is a form of assault that is sexual in nature and a crime under the Criminal Code.3 For there to be a sexual assault, three elements must be present:

  • Contact: Physical contact can constitute sexual assault, even if it is over the clothes.
  • Sexual nature: The sexual nature of the assault is objectively determined by the circumstances surrounding it, such as the part or parts of the body touched, the words exchanged, and the acts committed. Therefore, in a criminal prosecution, the state does not need to prove that the accused person intended their conduct to be of a sexual nature.
  • Since 1983 in Canada, the offence of sexual assault has replaced the offences of rape and indecent assault. To find out more, see the section on changes in sexual assault legislation.  

    Lack of consent: Lack of consent occurs (1) when the victim does not consent to sexual contact or (2) when the law provides that the consent is not valid. There is consent when a person expresses, by words or conduct, consent to contact of a sexual nature. It is therefore not necessary for a person to refuse sexual contact through words or actions; it is sufficient that they have not expressed consent for there to be a lack of consent. Consent must also be present at the time the sexual activity takes place, and can be withdrawn at any time. Moreover, the law considers that a person cannot give consent if they are unable to express it (disability, intoxication) or if they are unconscious, if they are incited or counselled to engage in the activity through an abuse of trust, power or authority (e.g., by the use of threats), if they are in situation of dependency, or if they are under 16 years of age, except in cases specifically provided for.  

In addition to these elements of the criminal act (actus reus), the person committing the act must also have criminal intent (mens rea) for it to be considered sexual assault. Thus, the perpetrator of non-consensual sexual contact may not have criminal intent if they had a sincere but mistaken belief that the other person had consented to the act.

Definitions of sexual assault more specific to the clinical perspective are also proposed by a number of associations, organizations and institutions. For example, the Association des centres jeunesse du Québec provides a more specific definition of child sexual abuse. This definition is an example of a clinical perspective.

  • Any act providing or seeking sexual stimulation that is inappropriate because of the age or development of the child or adolescent and that therefore violates their bodily or mental integrity, and where the perpetrator is related to the victim by blood or is in a position of responsibility, authority or power towards the child or adolescent.4

However, the definitions of sexual assault used in scientific studies or population surveys vary from one study to another. They generally refer to sexual assaults involving physical contact only. The results of studies and surveys, such as those reporting the prevalence of sexual assaults committed and experienced in a given population, must therefore be interpreted according to the definition they use.

Glossary

It can be difficult to navigate all the terms used to describe violent acts of a sexual nature. This glossary presents a non-exhaustive list of the most commonly used terms and outlines their definitions from different perspectives (political, legal, clinical or scientific).

Since 1983, in Canada, the offence of rape has been replaced by sexual assault offences in the Criminal Code (ss. 271, 272, and 273).3 The offence of rape required proof that a man aged 14 and over had engaged in penetrative sexual intercourse with a woman other than his wife, without her consent. Therefore, in law, the current use of the term “rape” is outdated and inaccurate, and should instead be replaced by “sexual assault involving penetration.” However, the word “rape” is commonly used by the World Health Organization (WHO) to refer to penetrative sexual assault. In everyday language, some people use the term “rape” to more accurately represent the violence they have experienced.

The term sexual abuse is mainly used when referring to sexual assault committed against a child (person under 18 years of age). In Quebec, the Youth Protection Act uses the term “sexual abuse” to refer to a situation in which a person under the age of 18 is subjected to or runs a serious risk of being subjected to gestures of a sexual nature by their parents or another person, with or without physical contact, and their parents fail to take the necessary steps to put an end to the situation (s. 38, subpar. 2, par. d).8

In Quebec, sexual assault is defined in the Orientations gouvernementales en matière d’agression sexuelle (government policy directions on sexual assault) as an act of a sexual nature, with or without physical contact, committed by an individual without the consent of the victim or, in some cases, particularly in the case of children, through emotional manipulation or blackmail. It is an act intended to subject another person to the perpetrator’s desires through an abuse of power, the use of force or coercion, or implicit or explicit threats. Sexual assault violates the victim’s fundamental rights, including the right to physical and psychological integrity and security of the person. This definition applies regardless of the age, sex, culture, religion or sexual orientation of the victim or of the perpetrator of the assault, regardless of the type of sexual act committed or the place or life setting in which it occurs, and regardless of the relationship between the victim and the perpetrator. Other terms are also used to refer to sexual assault, including rape, sexual abuse, sexual offences, sexual contact, incest, prostitution, and child pornography (p. 22).2

In Canada, under the Criminal Code, sexual assault occurs when there is contact of a sexual nature in the absence of consent, and is classified according to three levels of severity (sexual assault, sexual assault with a weapon, and aggravated sexual assault).  

The term sexual offences refers to a sexual act committed without the person’s consent and prohibited by law, and it can include different offences depending on the definition used. For example, Statistics Canada and Quebec’s Ministry of Public Security, while both presenting data on sexual offences according to the Incident-based Uniform Crime Reporting (UCR) Survey, include different offences in their respective definitions.

Sexual offence is also commonly used as an umbrella term to refer to both sexual assault and other sexual offences under the Criminal Code. In Canada, under the Criminal Code, sexual offences include various crimes of a sexual nature committed against people of different ages, depending on the provisions in question. Sexual interference, incest, voyeurism, sexual exploitation, and publication of an intimate image without consent are examples of sexual offences. Other sexual crimes, although categorized as offences tending to corrupt morals, such as child pornography and luring, are generally understood, colloquially, as sexual offences.  

Sexual violence generally refers to a variety of unwanted sexual acts, words, behaviours and attitudes, expressed directly or indirectly, including by technological means.

The WHO defines sexual violence as “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.”9 In addition to sexual assault, the WHO definition includes a wide variety of types of coercion, such as rape, forced marriage or forced cohabitation, sexual slavery, acts of violence against the sexual integrity of women, and sexual harassment.9

According to the Quebec government, sexual violence can take many forms and manifest itself in varying degrees of severity.10 In the most recent Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022-2027, the concept of sexual violence refers in particular to the issues of sexual assault, sexual exploitation, and sexual harassment, including their various manifestations.1 In this media kit, sexual exploitation and sexual harassment are not discussed in depth, and the focus is on sexual assault.  

In law, the term sexual violence is mainly used in the context of higher education institutions, due to the legislation to that effect. Under the Act to prevent and fight sexual violence in higher education institutions (c. P-22.1), the concept of sexual violence is defined as any form of violence committed through sexual practices or targeting sexuality, including sexual assault. It also includes any other misconduct manifested by unwanted sexual gestures, comments, behaviour or attitudes, including those related to sexual or gender diversity, expressed directly or indirectly, including by technological means. According to this definition, manifestations of sexual harassment also constitute sexual violence.11 The Ministry of Higher Education, in its Plan d’action visant à prévenir et à contrer les violences à caractère sexuel en enseignement supérieur 2022-2027 (2022-2027 action plan to prevent and counter sexual violence in higher education), also adopts this definition of sexual violence.12

Sexual assault: Gender-based violence

Along with intimate partner violence and sexual exploitation, sexual assault is one of the many manifestations of violence against women. According to the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022-2027 (Integrated Violence Strategy), violence against women is a continuum that stems from historically unequal power relations between women and men. It is a social and systemic issue that affects the entire population.1 Gender-based violence is a mechanism to control and dominate women, and undermines their fundamental rights.2,13

Women and girls make up the vast majority of victims of sexual and intimate partner violence. In Quebec, in 2020, they accounted for 88.7% of victims of police-reported sexual assault and 80.3% of victims of other sexual offences, including sexual interference and invitation to sexual touching, child luring, sexual exploitation, and publication of intimate images without consent.14

As reported in the Integrated Violence Strategy, it is also essential to consider the realities of women who face different systems of discrimination, which places them in contexts of greater vulnerability. For example, immigrant women, racialized women, Indigenous women, elderly women, women living in poverty, women with disabilities, and sexually and gender diverse people are more likely to be victims of sexual and intimate partner violence.1

To find out more about sexual assault statistics, see the Statistics section.

Types of sexual assault

Sexual assault can take many forms, depending on the nature of the acts committed, the relationship between the victim and the perpetrator, and the context. It can occur with or without physical contact, according to different levels of severity; it can occur within the immediate or extended family, or outside the family, such as in a therapeutic context. In Canada, the Criminal Code provides for a series of sexual offences, which can take many forms.

Types of sexual assault according to the nature of the acts committed

This table presents different types of sexual assault, based on the Quebec government's definition of what constitutes sexual assault.

Sexual assault with physical contact

Types of sexual assault

Descriptiona

Examples of manifestations

Examples of criminal offences3

Sexual assault with penetration

  • Act of penetrating the vulva or anus using a part of the body (penis, finger, tongue) or an object;
  • Act of penetrating the mouth with the penis;
  • Condom removal during sexual intercourse.c
  • Oral-genital contact;
  • Oral, vaginal or anal penetration using a part of the body or an object.
  • Sexual assault (s. 271);
  • Sexual assault with a weapon (s. 272);
  • Aggravated sexual assault (s. 273).
  • Sexual interference (s. 151);
  • Incest (s. 155[1]).

Sexual assault with attempted penetration

  • Attempted, but not completed, sexual assault with penetration. Sexual touching is usually committed.
  • Sexual touching is committed with the intent to commit penetration.

Sexual touching

  • Sexual contactb that includes intentional sexual touching, committed directly or over the victim’s clothing. 
  • Sexual kissing;
  • Sexual touching: of the genitalia (e.g., penis or vulva), anus, groin, breasts, thighs or buttocks;
  • Frotteurism.

Sexual assault without physical contact

Types of sexual assault

Description

Examples of manifestations

Examples of criminal offences

Sexual assault without contact

  • Sexual assault that does not include physical contact of a sexual nature.
  • Publication or distribution of an intimate image without consent;
  • Forced exposure to sexual acts (pornography or actual sexual activity);
  • Exhibition or exposure of the genitalia;
  • Inciting a child to touch their body or to masturbate;
  • Making a visual recording of a child in a sexual context.
  • Invitation to sexual touching (s. 152);
  • Corrupting children (s. 172);
  • Indecent acts (s. 173[1]);
  • Exposure (s. 172[2]);
  • Voyeurism (s. 162);
  • Publication of an intimate image without consent (s. 162.1).

a These sexual acts are sexual assaults when a person does not consent to them or is incapable of consenting to them (notably because of their age, in the case of minors) or of refusing them.
b Do not include touches required for routine care or as part of a child’s daily needs.
c On July 29,  2022, the Supreme Court ruled, in R. v. Kirkpatrick, that “when someone is required by their partner to wear a condom during sex but they do not, they could be guilty of sexual assault.”15

Adapted from Baril, K. & Laforest, J. (2018). Chapitre 3: Les agressions sexuelles. In J. Laforest, P., Maurice, & L. M. Bouchard (dir.) Rapport québécois sur la violence et la santé (pp. 56‑95). Institut national de santé publique du Québec.

Types of sexual assault according to the victim-perpetrator relationship

Sexual assaults can be categorized according to the relationship between the victim and the perpetrator. However, the Criminal Code does not take this relationship into account, except in the case of the offence of incest and sexual assault of minors.

Intrafamilial sexual abuse

The term intrafamilial sexual abuse is used, particularly in the case of minors, when the perpetrator is a member of the immediate or extended family (the victim’s father or mother, the father’s or the mother’s spouse, a sibling, a grandparent, an uncle, an aunt, or a cousin).

Extrafamilial sexual abuse

The term extrafamilial sexual abuse is used when the perpetrator is not a member of the victim’s immediate or extended family (e.g., an acquaintance, a friend, a teacher, a babysitter, a neighbour, a sports coach), and for sexual abuse committed by a stranger.

Sexual assault in a conjugal context

Sexual assault can be committed in conjugal relationships between partners of all ages. It is a criminal form of spousal violence. Sexual assault in a conjugal context has been an indictable offence since 1983, together with all forms of sexual assault between spouses. The perpetrator and the victim may thus be married or in a civil or de facto union, or be dating partners.

Sexual assault in a therapeutic context or in a helping relationship

Sexual assault can be committed in a therapeutic context or in a helping relationship between a professional and the person to whom they are providing a service. Sexual assault committed in such a context may also be known as sexual misconduct. For more information, see the Sexual misconduct section below.

Types of sexual assault by context

Reproductive coercion

Reproductive coercion generally occurs between intimate or romantic partners and refers to behaviours of control or force committed with the aim of interfering with or guiding decisions related to the contraception use and reproductive health of the other partner.16 It can take the form of contraceptive sabotage (e.g., removing a condom during intercourse), pressure related to pregnancy (e.g., pressuring a partner not to use contraception), and coercion during pregnancy (e.g., forcing a partner to carry a pregnancy to term).16

To find out more about reproductive coercion (in French only).

Sexual harassment

Commonly, but not exclusively, associated with the workplace, sexual harassment is unwanted conduct (comments, gestures or actions) of a sexual nature, which occurs repeatedly (or in a single serious incident) and affects the dignity or physical or psychological integrity of the victim.17 Sexual harassment is not in itself an offence under the Criminal Code. However, the offence of criminal harassment (s. 264) is a crime that can be committed in a sexual context, such as repeatedly following or communicating with a person or an acquaintance for sexual purposes. Quebec's Act respecting labour standards was amended in 2018 to add a clarification to the section dealing with psychological harassment that repeated behaviour, comments, actions or gestures of a sexual nature, whether hostile or unwanted, constitute a form of psychological harassment (s. 81.18).18

For more information, see the fact sheet on sexual harassment or visit the following websites:

Sexual assault in the context of a professional relationship or in the military

Sexual misconduct is a term used to refer to comments and actions of a sexual nature in the context of professional relationships and the military workplace.

However, care must be taken when using the term “sexual misconduct”, which tends to minimize the seriousness and exclude the violent nature of the sexual comments made or actions committed.   

In the context of a professional relationship, sexual misconduct refers to the sexual behaviours that may occur in a relationship between a professional whose profession is on the list of professions governed by a professional order in Quebec and their clientele. According to the Quebec Professional Code, such sexual behaviour constitutes a derogatory act. The Ordre professionnel des sexologues du Québec defines sexual misconduct as words or gestures of a sexual nature, with or without contact, directed at a person involved in a professional relationship (e.g., client, parent of a minor) or with whom there is collaboration within the framework of a professional relationship (e.g., colleague, collaborator, intern, student). Considering that there is an inherent power imbalance and risk of abuse between the person requesting a service and the professional, all intimate relationships, even those that appear egalitarian and reciprocal, are not possible in such a context.19 Certain acts of a sexual nature committed in the context of a professional relationship may also constitute sexual offences under the Criminal Code.

In the military workplace in Canada, sexual misconduct is defined as “conduct of a sexual nature that causes or could cause harm to others”, according to a Defense Administrative Order and Directive (DAOD 9005-1) that came into effect in 2020. The workplace is defined as any location or environment where work-related functions and other activities take place and work relationships exist, including instruction or training activities, social activities or while traveling.20 Sexual misconduct includes sexual assault, sexual harassment, behaviours that devalue others on the basis of their sex, sexuality, sexual orientation or gender identity or expression, sexual jokes, sexual comments, sexual advances, publication of an intimate image without consent, and may therefore, depending on the case, constitute sexual offences under the Criminal Code.20 To prevent and handle sexual misconduct cases, in 2015 the Canadian Armed Forces adopted a culture change strategy following an independent external review that identified this issue, which particularly affects women and lesbian, gay, bisexual or transgender people. In 2021, the House of Commons Standing Committee on the Status of Women conducted a new study on sexual misconduct, following new allegations of sexual misconduct within the Canadian Armed Forces. This report makes recommendations to the Government of Canada to help eliminate sexual misconduct in the Canadian Armed Forces and accelerate cultural change.21

For more information, visit the following websites:

Sexual exploitation

In Quebec, according to the definition set out in the  2016-2021 Government Strategy to Prevent and Counteract Sexual Violence (Strategy to Prevent and Counteract Sexual Violence)22 and reiterated in the Plan d’action gouvernemental 2021-2026 en réponse aux recommandations de la Commission spéciale sur l’exploitation sexuelle des mineurs (2021-2026 government action plan in response to the recommendations of the Select Committee on the Sexual Exploitation of Minors),23 sexual exploitation generally involves a situation, context or relationship where an individual takes advantage of a person’s vulnerability or dependence, or of the existence of unequal power relations, with the aim of using that person’s body for sexual purposes in order to gain advantage (pecuniary, social or personal).22 Although sexual exploitation can occur in a variety of contexts (prostitution, erotic massage parlors, etc.) and can be associated with a number of criminal activities (procuring, human trafficking, purchase of sexual services, etc.), women and girls remain the main victims of sexual exploitation.22

In criminal law, several offences fall within the broad definition of sexual exploitation set out in the Strategy to Prevent and Counteract Sexual Violence. The Criminal Code provides for the offence of sexual exploitation (s. 153), which involves sexual interference or invitation to sexual touching by a person in a position of trust or authority towards a young person between the ages of 16 and 18.3 Other offences that fall under this definition include procuring, human trafficking, and the commodification of sexual services. The offences of child pornography and publication of intimate images of minors can fall under sexual exploitation as defined by the Strategy to Prevent and Counteract Sexual Violence. In 2014, the Protection of Communities and Exploited Persons Act criminalized the purchase and advertising of sexual services in Canada, imposing penalties on those who purchase sexual services and those who profit financially from the prostitution of others. This act states that it is important “to continue to denounce and prohibit the procurement of persons for the purpose of prostitution” and that the “Parliament of Canada wishes to encourage those who engage in prostitution to report incidents of violence and to leave prostitution.”24

For more information, visit the following websites:

Sexual offences under the Criminal Code  

The State can initiate criminal proceedings for certain sexual offences committed abroad. The Criminal Code provides that any Canadian citizen or permanent resident who commits a sexual offence involving children or human trafficking abroad is deemed to have committed the offence as if they were in Canada (subss. 7[4.1] and 7[4.11]).

Note: The information presented on sexual offences is current as of November 14, 2022. For complete sections and the most up-to-date offences, refer directly to the Criminal Code on the Canadian government's Justice Laws Website.

The Criminal Code provides for a series of sexual offences, including sexual assault and other sexual offences, for which a person may be criminally charged.

Everyone who knowingly advertises an offer to provide sexual services for consideration.

Immunity applies to the person who was party to an offence under sections 286.1 to 286.4, if the offence relates to the offering or provision of their own sexual services (s. 286.5[2]).

Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person to commit an offence with respect to another person who is, or who the accused believes is, under the age of 18 years.

Every person who commits bestiality, who compels another to commit bestiality, or who commits bestiality in the presence of a person under the age of 16 years.

The term “child pornography”, which refers to a sexual offence under the Criminal Code, is used less and less to refer to material representing the sexual exploitation of children. It seems more appropriate to use the expression “material resulting from the sexual exploitation and abuse of children”, in order to dissociate children from pornography and highlight their status as victims.25

Child pornography means a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, that shows a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of 18 years.

It also means any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of 18 years, or any written material or visual recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of 18 years that would be an offence under the Criminal Code.

Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in.

Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years.

Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act.

Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person.

Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person.

Every person commits an offence who, by a means of telecommunication, communicates with a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of a sexual offence.

Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of a sexual offence.

Every person* who receives a financial or other material benefit knowing that it is obtained by or derived directly or indirectly from the commission of the offence of obtaining sexual services for consideration.

*Some exceptions apply.

Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.

Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person, or of a person under the age of 18.

Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by the Criminal Code with a person other than the parent or guardian.

Everyone who procures a person or a person under 18 years to offer or provide sexual services for consideration or recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person.

Since 2015, the publication of an intimate image without consent has been an offence under the Criminal Code, as a result of the enactment of the Protecting Canadians from Online Crime Act.

Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct.

No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is under the age of 18 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be a sexual offence.

Sexual assault (s. 271)

Contact of a sexual nature in the absence of consent.

Sexual assault with a weapon, threats to a third party or causing bodily harm (s. 272)

Every person commits an offence who, in committing a sexual assault:

  1. carries, uses or threatens to use a weapon or an imitation of a weapon;
  2. threatens to cause bodily harm to a person other than the complainant;
  3. causes bodily harm to the complainant;
    1. chokes, suffocates or strangles the complainant; or
  4. is a party to the offence with any other person.

Aggravated sexual assault (s. 273)

Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

Under the law, sexual exploitation is a crime that can only be committed against adolescents aged 16 and over, but under 18.

Every person commits a sexual interference or invitation to sexual touching offense who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person. Section 153.1 also provides for a sexual exploitation offence when sexual interference or an invitation-to-sexual-touching offence is committed against a person with a mental or physical disability.

Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years.

Adolescents aged 12 and over, but under 16, may consent to sexual activity in situations where the age difference with their partner complies with the age-difference rules provided by law. Before the age of 18, consent is not valid when the adolescent is in a situation of dependence or exploitation in relation to the partner, and when the partner is in a position of authority or trust. Under no circumstances can people under 12 consent to sexual activity.

Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person or of a person under the age of 18 years, for the purpose of exploiting them or facilitating their exploitation.

Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if: a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity; b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or c) the observation or recording is done for a sexual purpose. Also, every one commits an offence who, knowing that a recording was obtained by the commission of an offence, prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

References

  1. Gouvernement du Québec (2022). Stratégie gouvernementale intégrée pour contrer la violence sexuelle, la violence conjugale et Rebâtir la confiance 2022-2027, [en ligne], Québec, Secrétariat à la condition féminine, <https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/education/publication…; (consulté le 3 novembre 2022).
  2. Gouvernement du Québec (2001). Orientations gouvernementales en matière d’agression sexuelle, [en ligne], Québec, Ministère de la Santé et des Services sociaux, <https://publications.msss.gouv.qc.ca/msss/fichiers/2000/00-807-1.pdf&gt; (consulté le 3 mars 2022).
  3. Code criminel, L.R.C., ch. C-46 (1985). Ministre de la Justice du Canada, <https://laws-lois.justice.gc.ca/fra/lois/C-46/&gt; (consulté le 24 novembre 2022).
  4. Association des centres jeunesse du Québec (2000). Guide d’intervention lors d’allégations d’abus sexuel envers les enfants, Montréal, Association des centres jeunesse du Québec.
  5. Office québécois de la langue française (2021). « Abus sexuel », dans Grand dictionnaire terminologique, [en ligne], <https://gdt.oqlf.gouv.qc.ca/ficheOqlf.aspx?Id_Fiche=26507456&gt; (consulté le 8 mars 2022).
  6. Office québécois de la langue française (2001). « Abus », dans Grand dictionnaire terminologique, [en ligne], <https://gdt.oqlf.gouv.qc.ca/ficheOqlf.aspx?Id_Fiche=8366795&gt; (consulté le 16 mars 2022).
  7. Zaccour, S., et M. Lessard (2021). « La culture du viol dans le discours juridique : Soigner ses mots pour combattre les violences sexuelles », Revue Femmes et Droit, vol. 33, n° 2, p. 175‑205.
  8. Loi sur la protection de la jeunesse, RLRQ, ch. P-34.1 (1977). Éditeur officiel du Québec, <http://legisquebec.gouv.qc.ca/fr/document/lc/P-34.1&gt; (consulté le 29 novembre 2021).
  9. Organisation mondiale de la santé (2012). Comprendre et lutter contre la violence à l’égard des femmes, [en ligne], Organisation mondiale de la santé, <https://apps.who.int/iris/bitstream/handle/10665/86236/WHO_RHR_12.37_fr…; (consulté le 14 mars 2022).
  10. Gouvernement du Québec (2022). « Formes de violences », <https://www.quebec.ca/famille-et-soutien-aux-personnes/violences/violen…; (consulté le 3 novembre 2022).
  11. Loi visant à prévenir et à combattre les violences à caractère sexuel dans les établissements d’enseignement supérieur, ch. P-22.1 (2017). Éditeur officiel du Québec, <https://www.legisquebec.gouv.qc.ca/fr/document/lc/P-22.1&gt; (consulté le 8 mars 2022).
  12. Ministère de l’Enseignement supérieur (2022). Plan d’action visant à prévenir et à contrer les violences à caractère sexuel en enseignement supérieur 2022-2027, [en ligne], Québec, Gouvernement du Québec, <https://www.quebec.ca/education/accompagnement-etudiants/soutien-etabli…; (consulté le 21 mars 2023).
  13. Assemblée générale des Nations Unies (20 décembre 1993). Déclaration sur l’élimination de la violence à l’égard des femmes, [en ligne], <https://www.ohchr.org/fr/instruments-mechanisms/instruments/declaration…; (consulté le 22 mars 2023).
  14. Ministère de la Sécurité publique (2022). Criminalité au Québec – Infractions sexuelles en 2020, [en ligne], Québec, Gouvernement du Québec, <https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/securite-publique/pub…; (consulté le 21 mars 2023).
  15. Cour suprême du Canada (29 juillet 2022). « R. c. Kirkpatrick », <https://www.scc-csc.ca/case-dossier/cb/2022/39287-fra.aspx&gt; (consulté le 3 novembre 2022).
  16. Lévesque, S. (2018). « Encadré 2 - La coercition reproductive en contexte conjugal », dans Rapport québécois sur la violence et la santé, Montréal, p. 148‑149.
  17. Commission des droits de la personne et des droits de la jeunesse « Le harcèlement sexuel », dans Commission des droits de la personne et des droits de la jeunesse, [en ligne], <https://www.cdpdj.qc.ca/fr/vos-droits/qu-est-ce-que/le-harcelement-sexu…; (consulté le 8 mars 2022).
  18. Loi sur les normes du travail, ch. N-1.1 (1979). Éditeur officiel du Québec, <https://www.legisquebec.gouv.qc.ca/fr/document/lc/N-1.1?langCont=fr#ga:…; (consulté le 17 mars 2022).
  19. Ordre professionnel des sexologues du Québec (2020). « L’inconduite sexuelle : signaler et prévenir », dans OPSQ, [en ligne], <https://inconduites.opsq.org/&gt; (consulté le 16 mars 2022).
  20. Ministère de la Défense nationale (18 novembre 2020). « DOAD 9005-1, Intervention sur l’inconduite sexuelle », dans Gouvernement du Canada, [en ligne], <https://www.canada.ca/fr/ministere-defense-nationale/organisation/polit…; (consulté le 3 novembre 2022).
  21. Comité permanent de la condition féminine (2021). « Éliminer l’inconduite sexuelle au sein des Forces armées canadiennes - Rapport du Comité permanent de la condition féminine », p. 72.
  22. Gouvernement du Québec (2016). Stratégie gouvernementale pour prévenir et contrer les violences sexuelles 2016-2021, [en ligne], Québec, Gouvernement du Québec, <https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/education/publication…; (consulté le 18 mars 2022).
  23. Gouvernement du Québec (2021). Plan d’action gouvernemental 2021-2026 en réponse aux recommandations de la Commission spéciale sur l’exploitation sexuelle des mineurs, [en ligne], Gouvernement du Québec, <https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/securite-publique/pub…; (consulté le 21 mars 2023).
  24. Loi sur la protection des collectivités et des personnes victimes d’exploitation, L.R., ch. C-46 (2019). Ministre de la Justice du Canada, <https://laws.justice.gc.ca/fra/LoisAnnuelles/2014_25/&gt; (consulté le 4 avril 2022).
  25. ECPAT International, et ECPAT Luxembourg (2017). Guide de terminologie pour la protection des enfants contre l’exploitation et l’abus sexuels, [en ligne], <https://www.ohchr.org/Documents/Issues/Children/SR/TerminologyGuideline…; (consulté le 10 janvier 2022).

Author
Maude Lachapelle, Scientific Advisor, INSPQ

Contributors
Dominique Gagné, Scientific Advisor, INSPQ
Catherine Moreau, Scientific Advisor, INSPQ
Béatrice Hénault-Arbour, Scientific Advisor, INSPQ

External review
Michaël Lessard, Lawyer and Law Professor, Université de Sherbrooke

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