Sexual activity: legal definition and consent in Canadian law
Definition
In criminal law, sexual activity refers to any act of a sexual nature. Every sexual activity requires the consent of each participant, defined as the voluntary agreement to engage in the specific activity in question. Consent must be present at the time of the act, may be withdrawn at any time and cannot be given by a person who is unconscious, incapable or induced by abuse of trust, power or authority. Sexual activity without consent constitutes sexual assault.
Example
A person who agreed to kiss does not thereby consent to further activity. Continuing after the other person says “stop” is an activity without consent.
Legal references
- Criminal Code, ss. 271 to 273.1 (sexual assault and definition of consent) and 273.2 (mistaken belief in consent).
- R. v. Ewanchuk, [1999] 1 S.C.R. 330; R. v. J.A., 2011 SCC 28.
