BԪַ

Skip to content

LETTERS: BԪַImplied consentBԪַ is not a valid defence to a charge of sexual assault

We would like to thank writer Nina Grossman and the Oak Bay BԪַ for the important article in the July 2 issue, BԪַSaanich woman says sexual assault was dismissed by police.BԪַ
22045864_web1_letters-AUB-200306-T
(Black Press file photo)

We would like to thank writer Nina Grossman and the Oak Bay BԪַ for the important article in the July 2 issue, BԪַSaanich woman says sexual assault was dismissed by police.BԪַ

ItBԪַs vital that the public hear these stories in order to realize the prevalence not only of sexual assault but also that of harmful responses by the legal system and police. It took great courage for Ashley to go to the police, and weBԪַre appalled at the treatment she received.

The officer on the case failed to recognize the act committed against her as a crime and, indeed, blamed her for its occurrence. Here, law enforcement has not only failed Ashley but will potentially deter others from reporting a crime of sexual assault.

This police officerBԪַs conclusion that the assault BԪַdidnBԪַt countBԪַ reveals a widespread societal belief that men are entitled to womenBԪַs bodies and that consent is a given unless various conditions are met. One of these conditions is that the women BԪַfight back.BԪַ

As University of Victoria law professor Rebecca Johnson states in the article, this belief is BԪַlegally wrong.BԪַ Furthermore, people who are sexually assaulted often BԪַfreezeBԪַBԪַ a third possible response to threat, along with BԪַfight or flight.BԪַ Additionally, the police officer in this case decided the word BԪַnoBԪַ was not enough. What part of BԪַnoBԪַ is unclear?

Consent to sexual activity is not the default setting, ever. During all stages of a sexual encounter, it is crucial to be certain that each person is a willing participant. Even the lack of the word BԪַnoBԪַ does not constitute consent. To paraphrase Professor Johnson again, BԪַimplied consentBԪַ is not a valid defence to a charge of sexual assault. EveryoneBԪַs rights to the integrity of their own bodies trumps the wish of anyone else to have sex. To act contrary to this principle is unethical, deeply harmful BԪַ and illegal.

Janet Millar, Gerry Millar

and Laura Kellough-Pollock

Oak Bay



About the Author: Black Press Media Staff

Read more



(or

BԪַ

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }