Last updated: May 16, 2023
Consent
Consent is an agreement to engage in an activity; it occurs when you ask, or give, permission to do something. People use consent in their daily life, including giving and asking for consent for food or drink, physical touch, to take a picture, or to participate in an activity.
In the context of sexual activities, consent refers to giving voluntary permission to engage in a sexual activity. For any sexual activity to be legal, it must be done with the voluntary permission of every person involved. The legal age of consent to sexual activity is 16 (there are some exceptions for youth under 16 which are detailed below).
Consent:
Consent must be asked for and given at each stage of a sexual interaction and/or when there is a shift from one sexual activity to another (e.g., persons move from hugging to – {get/give consent} – kissing). Consent must be given voluntarily. Even if a person has consented to sexual activity in the past, consent must be asked for each time.
There is no consent when:
Consent to sexual activity
The age of consent is the age at which a young person can legally agree to sexual activity. Age of consent laws apply to all forms of sexual activity, ranging from kissing and touching to sexual intercourse.
Canada's age of consent
A 14- or 15-year-old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 or more years older than the 14- or 15-year-old, any sexual activity is a criminal offence.
There is also a "close in age" exception for 12- and 13- year olds. A 12- or 13-year-old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 2 or more years older than the 12- or 13-year-old, any sexual activity is a criminal offence.
Those under age 12 cannot consent to sexual activity.
More information is available from the Department of Justice.
With a sexual partner:
As a community:
Consent awareness is about having conversations with our friends, families and community members to raise awareness about what consent is, and how we all must ask for and give consent.
Consent awareness is also about supporting and believing survivors of sexualized violence. It is the person who committed the act of violence, not the survivor, whose behaviour should be questioned.
Gender-based Violence
Gender-based violence (GBV) is violence that is committed against someone based on their gender identity, gender expression, or perceived gender. It can be physical, emotional, psychological, financial or sexualized in nature. GBV disproportionately impacts women and girls, Indigenous peoples, 2SLGBTQIA+ people, racialized people, people living in poverty and people with a disability
Sexualized Violence
Sexualized violence is any act of a sexual nature that occurs without your consent. It includes any sexual act or act that targets your sexuality, your gender identity or gender expression. Sexualized violence can range from unwanted sexual comments to assault.
Youth Dating Violence
Sexual Assault
Sexual assault is any sexual contact that happens without the consent of both people. It can range from unwanted sexual touching to forced sexual intercourse. It can occur anywhere - in your home, at a community facility like a recreational centre or in public places. It can occur even when people know each other or are married or dating.
If you have been in any of the following situations, you may have been a victim of sexual assault:
Sexual assault can be committed by strangers. But most often it is committed by someone the victim knows, such as a family member, partner, acquaintance or someone in a position of trust or authority.
Sexual Harassment
Sexual harassment refers to unwanted or unwelcome behaviour of a sexual nature. Sexual harassment can occur in-person or online. Sexual harassment may include, but is not limited to:
Sexual harassment may interfere with a person’s ability to participate in employment, school, or daily life; it may create an intimidating, humiliating or hostile environment.
Sexual exploitation
A 16- or 17-year-old cannot consent to sexual activity if:
The following factors may be taken into account when determining whether a relationship is exploitative of the young person:
Technology-Facilitated Sexualized Violence and Sextortion
Any form of sexualized violence that occurs online is considered technological-facilitated sexualized violence. Technology-facilitated sexualized violence (TFSV) “refers to a wide range of unacceptable, violent, and abusive behaviours, where technology is used as a central tool to carry out these behaviours”. These behaviours can include online sexual harassment, online threats of sexualized violence, trolling, non-consensual distribution of intimate images, and many other harmful behaviours that occur online and/or are facilitated through the use of technology.
Sextortion is when online predators convince a young person to take sexual photos or record sexual acts. They threaten to post the photos or videos online unless the person pays money or provides more inappropriate materials. In most cases, young people get involved in this kind of situation because they think they’re talking with another young person.
If you or someone you know has experienced gender-based violence including sexualized violence and needs help, here’s what you can do:
Not sure of what to do?
Contact VictimLinkBC – It provides information and referral services to all survivors of crime and immediate crisis support to survivors of family and sexualized violence.
Talk to a trusted adult (e.g., parent, teacher, school counsellor)
Confidentiality can often be important to survivors of violence
If you are scared or in immediate danger
If you want to report sexualized violence as a potential crime or report
Do you need mental health support?
For everyone
For Students
For parents, guardians, and caregivers
For educators and schools
The definition of consent and other information on this page is adapted from the Consent and Sexual Violence Training and Facilitation Guide: Preventing and Responding to Sexual Violence in BC Post-Secondary Institutions (2021), Sexual Violence Training Development Team and Safer Campuses for Everyone: Implementation Guide (2021) and What is consent? from the Province of British Columbia.
Other information sources include:
Kim, Rosel. 2021. Unacceptable: Responding to Technology-Facilitated Gender-Based Violence. Women’s Legal Education and Action Fund (LEAF). Unacceptable-Responding-to-TFGBV.pdf (leaf.ca)