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What is Sexual Assault?
Date Rape or Acquaintance Sexual Assault
  - Date Rape Drugs
  - Fact Sheet on Date Rape
Sections of the Criminal Code Related to Sexual Assault
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 What is Sexual Assault?


According to the Criminal Code of Canada, a person commits an assault when:

  • without the consent of another person, a person applies force intentionally to another person, directly or indirectly;
  • a person attempts or threatens, by act or gesture, to apply force to another person, if a person has present ability to effect their purpose; or causes that other person to believe, upon reasonable grounds, that they have present ability to effect their purpose;
  • while openly wearing or carrying a weapon or an imitation thereof, a person accosts or impedes another person or begs.

Sexual Assault includes any form of sexual activity without a person's consent. This may include:

  • Any kissing, fondling, touching, oral/anal sex or sexual intercourse without consent
  • Not stopping sexual contact when asked to
  • Forcing someone to engage in sexual intercourse or any other sexual act (Department of Justice Canada, 2005b).
  • Sexual assault is a crime under the Criminal Code of Canada and is treated like any form of assault.

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 Date Rape or Acquaintance Sexual Assault
 

Date Rape is forced or coerced sex between;partners, dates, friends, friends of friends or general acquaintances.

Date rape often happens with someone you trust which can make the situation more confusing and difficult for you.

Please remember that many women are assaulted by people they know and trust.

This is not your fault.

 

Here are some things to know about date rape:

Alcohol is the most common date rape drug.

When you go to parties, never leave your drink unattended. Date Rape Dugs come in many forms. Some are odourless and cannot be tasted if mixed in drinks.

These drugs can be used on both men and on women.

 

Four out of five female undergraduates recently surveyed at Canadian universities said that they had been victims of physical or sexual violence in a dating relationship. Of that number, 29% reported incidents of sexual assault. (W. DeKeseredy and K. Kelly, "The Incidence and Prevalence of Woman Abuse in Canadian University and College Dating Relationships: Results From a National Survey," Ottawa: Health Canada, 1993.)


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 Date Rape Drugs


Alcohol is the most common date rape drug.

Common date rape drugs include:

  • ROHYPNOL, which is also called Roofies, Roachies, La Rocha, The Forget Pill
  • Gamma hydroxybutyrate, which is also called G.H.B., Grievous Bodily Harm, Liquid X, Liquid Ecstasy
  • Ketamine, which is also called Special K

These are just some of the names of drugs that are commonly used in sexual assault and date rapes.

Other drugs could include ecstasy, cocaine, heroine, speed (amphetamines) or very common prescription drugs like Valium or even Halcion. These drugs (and many more like them) have been used and are being used to make victims virtually helpless by intoxication that is often so extreme it can lead to seizures, unconsciousness, respiratory arrest, or coma.

Never leave a drink unattended.

These drugs are being used on both men and women.

You can reduce the risk for yourself and your friends by:

  1. Being on the "buddy system". Watch out for your friends, and have them watch out for you.
  2. Never leaving your drink unattended, not even to go to the bathroom, the dance floor, or anything. If you aren't watching it, have a trusted friend watch it.
  3. Never accept a drink from someone you don't know, or don't trust 100%. This is your life we are talking about here! Always mix your own drink, get it yourself or watch it being poured.

Warning signs of being drugged:

  • Extreme intoxication after having only a small amount of alcohol or none at all
  • Sudden unexplained drowsiness and/or trouble with motor coordination
  • Confusion, dizziness, impaired judgment and a lack of inhibitions

You know what your friends are usually like, they should know what you are usually like. If you suspect that you or a friend has been drugged, get help immediately by calling Security, 911, residence staff, a friend, the police, or go to the emergency department of the Sackville Hospital.

 

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 Fact Sheet on Date Rape
   
1.
Date Rape is forced or coerced sex between; partners, dates, friends, friends of friends or general acquaintances.
2.
Date Rape can be coerced both physically and emotionally - some emotional tactics include; threats to reputation, threats to not like you, name calling, saying you "brought it on" or "really want it", threats to break up and threats to say you did it even if you didn't.
3.
If a person has had too much to drink or is on drugs they can not consent to sex and having sex with them is legally rape.
4.
Rohypnol, GHB, ActiveSeX, Roofies, Ruffies, Roche, R-2, Rib and Rope are all names describing date rape drugs. These drugs are odorless and tasteless and difficult to detect when in drinks or mixed with other drugs.
5.
Date rape drugs may be difficult to trace but evidence of intercourse is not, and in cases where use of these drugs is suspected evidence of rape standards are lower.
6.
Date Rape is the most common form of rape (78%) with 1 in 4 women expected to fall victim to rape or attempted rape before they reach 25, and 3 out of 5 rapes occurring before a woman reaches age 18.
7.
Although women are more often victims of rape, men are not safe - they can be raped too.
8.
NO MEANS NO! If a person says no to sex (no matter how quietly or unconvincingly) and you go ahead with it anyway, that is rape.

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 Sections of the Criminal Code Related to Sexual Assault
 
Section
Crime
Basic Summary
     
271 Sexual Assault
Somebody touches you in a sexual way on purpose, directly or indirectly, without your consent.
272 Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily Harm
Somebody sexually assaults you and is armed with, or uses, a weapon, or, forces you to have sex by threatening to do injury to somebody else, (for example: they threaten to hurt your brother or sister if you don't do it), or, they injure you.
273 Aggravated Sexual Assault
Somebody sexually assaults you and they cause serious injuries to you.
153 Sexual Exploitation
If you are 14 years old or older, but under 18, it is a criminal offence for someone in a position of trust or authority to have sexual contact with you even if you consent to it. For example, someone in a position of trust or authority such as a minister, coach, employer, teacher, etc.
153.1 Sexual Exploitation of a Person with a Disability
If you are mentally or physically challenged (any age), it is a criminal offence if, without your consent, someone invites, counsels or incites you to touch, directly or indirectly, their body, the body of someone else or your own body, for a sexual purpose (with a part of your body or any object) if the offender is in a position of trust or authority towards you or if you are dependent on the offender.
159 Anal Intercourse
If you are under 18, and not married to each other, it is a criminal offence to have anal sex even if both persons consent. You must be over 18, or married and both consenting. It must be done in private and only by two people (if there are three people involved then the law says it's not in private).
 
Of sexual assaults reported to police in Canada in 2002, 64% took place in a residence, 26% in a public place, and 11% in commercial places (Canadian Centre for Justice Statistics, 2003).
 

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