Gender-Based Violence

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Last updated: May 16, 2023


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Information


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:

  • Is a freely given enthusiastic yes
  • Is ongoing, continuously discussed
  • Can be taken away at any time

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:

  • You are asked repeatedly until you give someone the answer they want to hear.
  • Someone uses their power or authority to manipulate your answer.
  • When you are intoxicated or incapacitated.

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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.

  • All sexual activity without consent is a criminal offence, regardless of age.
 

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.

 


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Take action


With a sexual partner:

  • Know how to give and receive consent. Remember consent can be withdrawn. A person can change their mind at any time, even about something that they have consented to before.
  • Remember consent is also needed for online sexual activities (like sharing sexual photos or sexting). It is illegal to share these types of photos without consent.

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.


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Information

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.

  • Sexualized violence can be physical or psychological.
  • It can be threatened, attempted, or committed.
  • It can be an ongoing situation or a one-time event.
  • It can be something that happens in-person or online.
  • It can happen between strangers, between students or co-workers, or between people in a relationship.
     
 

Youth Dating Violence

  • Youth dating violence means any form of violence or abusive behaviour towards a youth by a partner or ex-partner. It can happen once or many times during the course of a relationship.
 

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:

  • Your words or actions indicated that you did not want to have or continue sexual contact, but the sexual contact continued
  • You submitted to sexual contact because someone threatened or used force on you
  • You were not able to give consent to sexual contact (for example, you were drugged, impaired or have a disability)
  • Someone persuaded you to have sexual contact by using their position of authority or power over you

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:

  • Requests for sexual favours
  • Unwanted or unwelcome physical contact
  • Unwelcome sexual flirtations, advances, or propositions
  • Sexually suggestive, obscene, or degrading comments or gestures
  • Offensive jokes or remarks of a sexual nature
  • Leering, staring or catcalling
  • Stalking or cyber-stalking
  • Sharing live-streams, videos, or images of sexual assault
  • Displaying, circulating or sharing pictures or other materials of a sexual nature
  • Unwelcome questions or remarks about a person’s sex life, gender appearance, clothing, and/or sexual orientation
  • Expressed or implied promise of reward in return for complying with a sexual request.

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:

  • Their sexual partner is in position of trust or authority towards them, for example their teacher or coach
  • The young person is dependent on their sexual partner, for example for care or support
  • The relationship between the young person and their sexual partner is exploitative.

The following factors may be taken into account when determining whether a relationship is exploitative of the young person:

  • The young person's age
  • The age difference between the young person and their partner
  • How the relationship developed (for example, quickly, secretly, or over the internet)
  • Whether the partner may have controlled or influenced 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.
 

 

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Get Help

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)

  • If you want someone at school to know, use the erase Report It tool. Reports can be anonymous.

Confidentiality can often be important to survivors of violence

  • If you want to talk to someone in person you will need to disclose who you are

If you are scared or in immediate danger

  • Call 911 or your local police

If you want to report sexualized violence as a potential crime or report

  • Make a report to police. When speaking with police, you can bring an advocate with you, such as a trusted adult, counsellor, or someone with experience in gender-based violence.
  • If you are a victim of a sexual offence in British Columbia and are 19 or older, you may be able to report the crime through a third party so you remain anonymous to the police.
  • The BC Human Rights Commissioner considers reports of sex discrimination and sexual harassment. Find more information.   

Do you need mental health support?

  • More information is available on erase.
  • Kids Help Phone Call 1-800-668-6868 Text: 686868 (24 hours daily)
  • YouthinBC 24/7 crisis line. Call 310-­6789 (24 hours daily) online chat noon to 1am daily TTY 1-866-872-0113 (24 hours daily)

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Resources

References

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)