Sexual assault is often seen aas a women's isue, but it is a men's issue as well. Men can choose to not perpetrate acts of violence and they can choose to challenge attitudes that support gender based violence. Though most sexual violence is committed by men, most men are not sexually violent.

1. Speak out against violence. When you hear attitudes and see behaviours that degrade women and promote a culture of violence, use your voice.

2. Be clear about consent. Consent to engage in sexual activity cannot be assumed.  Build healthy, respectful relationships. Communicate honestly and openly.

3. Recognize the "three lies of false masculinity". Athletic ability, sexual conquest and economic success are not real measurements of manhood. Build on positive male values.

Sexual assault is any unwanted sexual act forced by one person on another. This includes a wide range of behavior from forced vaginal or anal intercourse to touching and kissing.  It is done without consent. Sexual assault can happen between people of the opposite or same sex. Sexual assault is about power and control. Sexual assault is a serious crime. It is against the law.

Sexual Assault: The Laws and Definitions

In 1983, the Criminal Code of Canada was amended in relation to sexual offenses. Rape and indecent assault were replaced with three levels of sexual assault. Some of the changes include:

• The new laws apply equally to both women and men as victims and perpetrators.
• Intimate partners are no longer immune to charges of sexual assault.
• Corroboration is not required; survivors of sexual assault can prosecute without witnesses.
• The "recent complaint" requirement was abolished. Sexual assaults can be prosecuted at any time following the assault.

Under the Criminal Code, offences may be tried in court as summary offences or indictable offences.

Summary offence: In relation to sexual assault crimes, an offence punishable by a prison term not exceeding 18 months.

Indictable offence: In relation to sexual assault crimes, an offence punishable by a prison term exceeding 18 months, and up to and including life in prison.

Sexual Assault is found in Section 271 of the Criminal Code. It is considered to be any non-consensual act of a sexual nature, including kissing, fondling, oral/vaginal/anal penetration of any kind, that one person does to another, or has another person do to them. Sexual Assault can be tried as an offence punishable on summary conviction, or it may be tried as an indictable offence. No physical injury is necessary to prove that an offense has occurred when tried as an indictable offence. The maximum penalty when tried as an indictable offence is ten years.

Sexual Assault With a Weapon, Threats to a Third Party or Causing Bodily Harm is found in section 272 of the Criminal Code. There may be more than one assailant and/or the assailant uses, carries, or threatens to use, a weapon (imitation or real) during the commission of the offence. It also includes sexual assaults in which the assailant threatens to harm, or actually causes harm, to the victim or a third person. The maximum penalty for Sexual Assault With a Weapon, Threats to a Third Party or Causing Bodily Harm is 14 years imprisonment.

Aggravated Sexual Assault is found in Section 273 of the Criminal Code. It is a sexual assault in which the victim is wounded, maimed, disfigured, or in danger of losing her/his life. The maximum penalty for Aggravated Sexual Assault is life imprisonment.

Criminal Harassment (stalking) is found in Section 264 (1) of the Criminal Code. It prohibits the following conduct from occurring: repeatedly following a specific person or someone connected to them; repeatedly communicating with a specific person or someone connected to them; watching places a specific person lives, works, or plays, or doing the same to someone connected to them; engaging in threatening conduct directed at a specific person or anyone connected to that person. If any of these activities cause a specific person to reasonably feel for their safety, or the safety of someone connected to them, it is considered to be a criminal offense. The charge may be a summary offence or indictable offence.

Sexual Harassment is any behaviour, comment or gesture of a sexual nature which is deemed to be offensive. It is unwanted behavior that makes the receiver feel uncomfortable and can be coercive or subtle in nature. Sexual harassment is an abuse of power and is often used as a way of controlling or intimidating someone. It can happen in educational settings, workplaces or the street. Examples include threats and intimidation, untrue sexual comments about a person, remarks about a person’s sexual orientation, displaying sexist or demeaning pictures, and telling jokes of a sexual nature. Sexual harassment is covered by the Canadian Human Rights Code, and also provincial Human Rights Codes.

Incest is a type of sexual assault in which the perpetrator is a blood relative of the victim. It includes parents, children, brothers, sisters, grandparents, grandchildren, and half-siblings.

Stranger Rape involves being attacked and sexually assaulted by someone not known to the victim.

Date/Acquaintance Sexual Assault In many cases of sexual assault, the offender is dating the victim when the assault(s) occur. This is commonly referred to as date rape. Also, the offender can be someone known to the victim. This is commonly known as acquaintance sexual assault. These crimes tend to be ignored, denied or not treated as seriously as other sexual assaults because the offender is known by the victim.

Gang Rape involves being sexually assaulted by more than one person during the assault.

Child Abuse refers to the physical, sexual or emotional abuse of a person under the age of sixteen. It may also include situations in which a child is being neglected or exposed to violence in the home. Anyone who has knowledge of, or is suspicious of, child abuse (emotional, physical, sexual or neglect) is required by law to report that knowledge or suspicion to the nearest child protection agency. 

Psychological Sexual Violence involves being controlled by someone else because of threats of sexual violence. Examples include, “If you date someone else I will rape you,” or “If you break up with me, I’ll rape your younger sister.”

Intimate Partner Sexual Assault is sexual assault that occurs between two people who are involved in an intimate relationship. It can occur between two women, two men or a man and a woman in a relationship.

Gay Bashing is emotional, physical or sexual violence aimed at people because they are, or are perceived to be, lesbian, gay, bisexual or transgendered.

Heterosexist control is the threat to expose someone for being lesbian, gay, bisexual or transgendered to family, friends, colleagues, co-workers or anyone else.

Homophobia is the disdain some people have towards people who are lesbian, gay, bisexual or transgendered.

Ritual Abuse consists of sexual, physical and psychological abuse and involves the use of rituals. It can happen to children, adolescents or adults.

(Source: Sexual Assault: The Laws and Other Definitions Brochure from the Avalon Sexual Assault Centre)

Tell someone immediately: tell a friend, a family member, or call us at the PEI Rape & Sexual Assault Centre: 1-800-289-5656 or 566-8999. These people care about you and will make every effort to help you cope with the stress following an assault and with accompaniment to the hospital or police (if you choose to press charges).

Get immediate medical help: Go to the hospital emergency department. You can ask for the morning – after pill; this pill prevents pregnancy. Ask to be tested for sexually transmitted infections (STI).

It is your choice to call the police. If you decide to tell the police, there will be an investigation. Try to save evidence. Keep the clothes you were wearing. If you were drugged, try to save some of the drink. Don’t bathe, douche or shower until you have had a medical examination. Keep anything that might help identify your attacker. At the hospital, rape kits are available to collect evidence (fingernail scrapings, semen, blood, hairs) should you decide to press charges. This should be done within 24 hours of the rape.

In 2006/07 there were 66 reported cases of sexual assault on PEI. We do know that this number represents only a fraction of actual sexual assaults that have occurred because many go unreported.

Some people choose not to report a sexual assault for a variety of reasons. They may be afraid that their family or friends will be adversely affected, they are concerned they may be re-victimized by their perpetrator, they are afraid that no one will believe them and they may simply not want to talk about their experience with strangers.

The age of consent to engage in sexual activity of kind is 16. A child under the age of 12 can never give legal consent to sexual activity.

• If  a person is 12 or older but under the age of 14, they can give consent to sexual activity if the other person is less than two years older: a 12 year old can consent to sexual activity with some who is age 14, but not age 15.
• If a person is over age 14 but under age 16, they can give consent to sexual activity with a person who is not older than 5 years: a 15 year old can consent to sexual activity with someone who is age 20, but not age 21.
• The other person to whom consent is given is not in a position of trust, or authority, such as a teacher, a minister, a doctor, a babysitter, a relative.

There is no consent if:

• One person uses authority, threats, lies or force to gain consent.
• One person is drunk, has passed out, is asleep, or has been drugged. 

Sexual Exploitation

Charges can be laid if someone who is in a position of trust or authority over a person under the age of 18, has or attempts to have sex with that person; touches that person in a sexual manner; invites that person to touch to them in a sexual manner.

Sexual Interference and Invitation to Sexual Touching

The same as sexual exploitation except the person committing the crime is not in a position of trust or authority.

A Person in a Position of Trust and Authority:

• Has a responsibility to protect a child's safety;
• Is responsible for the child's well being;
• Helps the child develop spiritually, emotionally, physically, etc.;
• Includes a family member, neighbour, coach, teacher, religious leader, family friend, group leader.

(Adapted from: Sexual Assault: Consent and Age of Consent brochure – Avalon Sexual Assault Centre).

The most important thing to remember is that you can help. Here are some tangible ways:

• Just listen.
• Believe the survivor.
• Get information about sexual abuse and healing from sexual abuse.
• Tell the survivor it is not their fault.
• Don't push them to "forgive and forget".
• Help your friend or family member to get support.
• Respect the time it takes to heal - it may take a long time for your friend or family member to heal.
• Accept the survivor's feelings toward the offender.
• Accept that there can be major changes in your relationship as your friend or family member heals.
• Support their choices.
• Get help if your friend or family member is feeling suicidal.
• Tell them about the PEI Rape and Sexual Assault Centre.

The person who is 100 per cent responsible for the sexual assault is the perpetrator. In our society, there are myths and stereotypes that suggest otherwise.  Sexual assaults are crimes where the perpetrator has made a conscious choice to harm another person.

Date rape drugs are used as an aid to commit sexual assault. There are a number of different drugs used for date rape. Many date rape drugs have similar effects. They can make you feel dizzy, sleepy and forgetful. They can make it hard to move your body. If you have been drugged, you cannot fight back during an assault. You could also find it hard to report because you might not remember the assault.

Any drug that makes it hard to think clearly puts you at risk for assault.

Date rape drugs may be found at parties, at bars or on dates. They come in powders or liquids so it is easy to pour into drinks. The drugs usually have no taste or smell so victims don’t know they are drinking them.

The Criminal Code of Canada defines consent as a voluntary agreement between two people to engage in a specific sexual activity at a specific time.

• Consent that is obtained through pressure, fear, force or threat of force (either to yourself or to somone else) is not voluntary consent.
• No means no.
• Say yes to one sexual activity does not mean yes to every sexual activity.
• If a person is a child, is drunk, has passed out, is asleep, has been drugged, or is dependent on the abuser, they are unable to give consent.
• The person must give an overt indication of consent (for example saying yes).
• Silence, passivity or ambiguous conduct, do not imply consent.

Also remember that:

• Consent is based on choice.
• Agreeing to have sex because of guilt, pressure, sense of obligation or just to fit in with the group is not true consent.
• Consent is only possible when there is equality between two people.

(Source: Sexual Assault: Consent and Age of Consent brochure - Avalon Sexual Assault Centre)

Men and boys are victims of sexual assault. In the majority of sexual assault cases, however, the victims are female. In addition, the vast majority of sexual perpetrators are male who assault men, women and children.

Our 24 hour support and information line is staffed by trained volunteers. To obtain more information about becoming a volunteer on our support and information line please visit our volunteer page or contact our business office at (902) 566-1864.

There are many people who have the belief that sexual assault does not happen to guys. This is simply not true. Canadian studies show that one in six males will be sexually assaulted before age 18. In addition, males are least likely to tell anyone about their sexual assault.

Male victims do report that when they do come forward and tell, they are often not believed. If they are believed, their situation is often not taken seriously. This can leave you feeling angry, mistrustful, confused about your sexual identity, feeling guilty and ashamed.

It is really important that you reach out for help. The PEI Rape and Sexual Assault Centre is one place where you can get this help in a non-judgmental, confidential and safe environment.