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Sexual Violence and the Law

Legal Information Series

SACE partnered with the Centre for Public Legal Information Alberta (CPLEA) and Elizabeth Fry Society to create this series of downloadable resources on legal responses to sexual violence.

The series features information on topics ranging from Canadian consent laws and legal options, to restraining orders, reporting, and getting legal help. Special focus areas include family violence (or  intimate partner violence), sexual exploitation and sex trafficking, and workplace sexual harassment and violence.

For information on supports available through the SACE Police and Court Support program, visit our Police and Court Support Program page. You will also find additional information and links to resources on reporting, sexual harassment, victim’s rights and benefits, and more.

For additional topics related to sexual violence, visit our Learn page.

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Responding to Sexual Violence

An overview of legal options available for adults who have experienced sexual violence, including the applicable laws and process, and guidance for choosing a course of action based on the result you want. Includes information on protection orders, financial compensation, evidence, and timelines for different legal responses.

Reporting Sexual Violence to Police

This resource covers the basics of the criminal justice system and process for adults who have experienced sexual violence. Includes reporting, the role of the person who experienced sexual violence (called the victim or complainant), evidence, and the defences available to the accused, as well as some definitions for relevant terminology.

Sexual Violence and Consent

Information on sexual violence and consent law in Canada, including definitions, age of consent, and close in age exemptions for voluntary sexual activity between peers.

Getting Legal Help

Information on how to find a lawyer for those who have experienced sexual violence. The resource covers free and fee-based legal help, and advice for talking to a lawyer.

Sexual Violence in the Workplace

Information about the Alberta Human Rights Act and Alberta’s occupational health and safety (OHS) laws, sexual harassment definitions, and filing complaints for adults who have experienced sexual violence at work.

Sex Trafficking

This resource outlines some basic definitions as well as the Protecting Survivors of Human Trafficking Act and other laws and protection orders that address sexual exploitation or sex trafficking.

Civil Law Remedies

Here you’ll discover the basics of civil law options, including how civil cases are different from criminal, how to get a restraining order (including emergency restraining orders), how to file a lawsuit, and the types of claims you can make, including sexual battery, sexual assault, false imprisonment, and non-consensual photo sharing. Also covers the civil court process, including deadlines to file, evidence, damages, judgement, and costs

Sexual Violence Within a Family

This resource covers the basics of protections for family members, including adult interdependent or intimate partners. Topics include basic definitions, Emergency Protection Orders and Queen’s Bench Protection Orders, and Exclusive Possession Orders.

Definitions

The improper exposure of a child to any sexual contact, activity, or behaviour. This includes all sexual touching, the invitation to touch, exhibitionism, exposure to pornography.

Forcing another individual, through violence, threats (physical or emotional), pressure, deception, guilt, to engage in sexual activities against their will.

A voluntary agreement between 2 or more people to engage in sexual activity. Consent must be clear, informed, voluntary, sober, act and person-specific, ongoing, mutual, active, and come directly from the individuals engaging in the sexual contact. It is impossible to get consent from children, though close-in-age  and peer-experimentation exceptions exist for youth ages 12-15.

A society or environment in which obtaining consent and respecting boundaries is the norm, for both sexual contact and everyday activities.

The advocacy of women’s rights on the basis of the equality of the sexes.

An intersectional approach to service delivery that acknowledges that the root of sexual violence is power inequality and works to reduce barriers that groups and individuals face when seeking support and volunteer or employment opportunities.

When an intimate photo or video is shared or taken without the voluntary consent (read consent definition above) of the person in the photo or video (Source: savedmonton.com)

Person-first language recognizes that a person is more than any one experience and that labels are sometimes harmful. People who have experienced sexual violence may use terms like victim or survivor to describe themselves, or they may use words like offender or perpetrator to describe the person who harmed them. Terms that resonate for one person may not fit for another person for a variety of reasons, and SACE supports a person’s right to self-determine their identity and experience. This is why at SACE, we default to person-first language such as “person who experienced sexual assault”, or “person who used abusive behavior”, unless speaking with or about an individual who has identified how they would like their experience to be talked about.

A society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.

Sex trafficking is a form of sexual exploitation. Human trafficking for the purposes of sexual exploitation is a crime and Canada has specific legislation in the Criminal Code (S. 279) and in the IRPA (Immigrant and Refugee Protection Action) (S. 117 & 118) to address all types of human trafficking (sexual exploitation, labour exploitation, organ, debt servitude) There are three elements to constitute human trafficking: Action + Means + Purpose.

Sexual abuse is most often used to refer to Child Sexual Abuse. To learn more about this, read the definition above or our section on Child Sexual Abuse.

Any form of sexual contact without voluntary consent, including unwanted: oral contact (kissing); sexual touching; oral-genital contact; and/or vaginal or anal penetration. 

Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Any unwanted comment, gesture, or action that is sexual in nature that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment.

Sexual violence is an umbrella term that refers to any form of non-consensual sexual behavior, including sexual assault, sexual abuse, sexual harassment, sexual exploitation, sex trafficking, and sexual violence facilitated through technology.

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Acknowledge the autonomy of Indigenous peoples, and that SACE is located on Treaty 6 Territory and Métis District 9, amiskwacîy ᐊᒥᐢᑲᐧᒋ, which is a traditional home and gathering place for many Indigenous peoples, including Niitsítapii/Blackfoot, nehîyawak/Cree, Dene, Nakota Sioux, Saulteaux, Métis, and specifically the ancestral space of the Papaschase Cree (https://native-land.ca)

Learn about the connection between colonialism and sexual violence, and our collective responsibility towards reconciliation.

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