What is Sexual Violence?

The federal legal definition of sexual consent can be found here, and the Quebec definition can be found here. These understandings are commonly used in civil society to discuss issues of sexual violence and abuse. This definition was developed to mark a clear boundary between legal and illegal behaviours, what is acceptable and what is criminal in the eyes of the law. However, this definition does not fit or encompass how people navigate their desires and curiosity in sexual experiences.

At SACOMSS, we recognize that consent is more complex than legal and popular definitions. We utilize Kai Cheng Thom’s spectrum of consent to develop and encourage more nuanced and realistic understandings.

At SACOMSS, we currently understand violence as something that is “individually willed and yet socially constructed.”¹ This means we believe that the individual enactment of violence against another person is a choice but that that choice doesn’t exist in a vacuum. People are still accountable for their actions but the breadth of possibilities offered to them is constrained by society. We live in a world shaped by authority, hierarchies, and oppressions that seek to maintain a status quo.

The McGill Policy Against Sexual Violence defines sexual violence as “sexual act or acts targeting a person’s sexuality, gender identity, or gender expression that is committed, threatened, or attempted against a person without the person’s Consent and may occur in person, in writing, by phone, or by any means of communication, including online and social media.” It includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, distribution, sharing, and sending of images without consent, and sexual exploitation.  

At SACOMSS and throughout our website you may find this term. We use this to acknowledge the broad range of experiences survivors have undergone. 

Sexual assault refers to sexual contact or behavior without the consent of the survivor.

Sexual assault is a legal term found in section 271 of the Canadian Criminal Code.

The Quebec government has defined sexual assault as “a sexual act, with or without physical contact, committed by an individual without the consent of the victim or, in some cases, and especially when children are involved, through emotional manipulation or blackmail. It is an act that subjects 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.” 

Sexual harassment is any unwanted or unconsensual remarks, gestures, or actions that are sexual in nature or call attention to gender, gender identity, or sexual orientation. Sexual harassment may take many forms and can vary in different environments.

In Quebec, sexual harassment is recognized as an infringement on a person’s right to equality under the Quebec Charter of Human Rights and Freedoms.

The McGill Policy Against Sexual Violence defines sexual harassment as conduct of a sexual nature whereby sexual activity:
A. is made an explicit or implicit term or condition of an individual’s employment or status in a course, program, or activity; or is used as a basis for an employment or educational decision affecting an individual; 
OR
B.  the effect of which is to impair that person’s work or educational performance where it is known or ought to be known that the conduct is unwelcome