Becoming a Streetwise Traveller
Sexual Assault
Terms
- Assault (non-sexual)
- It is considered to be assault if a person:
- without consent, tries to harm another individual or make the individual do something he or she does not want to do
- speaks or acts in a manner that makes another individual believe that the person is capable of performing a harmful action
- confronts another individual while carrying a real or imitation weapon.
- Sexual Assault
- This is assault that is sexual in nature. It involves a non-consensual sexual act which may be accompanied by physical injuries such as bruises or cuts. It is also illegal for a spouse to be forced into any unwanted sexual encounters.
- Abuse
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There are four categories of common abuse:
- Physical abuse involves denying an individual the basic necessities of life such as food, clothing, medical or dental care; or wilful, direct infliction of physical pain or injury.
- Emotional abuse involves the denial of emotional or physical contact including love, affection and attention. This may also include removal of decision-making power.
- Verbal abuse involves a person speaking insultingly, harshly or unjustly to or about another individual.
- Exploitation includes the dishonest use of a person’s resources, such as money or property; or misappropriation of health care resources.
When any of these categories of abuse has a sexual aspect, it is referred to as sexual abuse. It is considered sexual abuse if, in public or in private, if someone engages in any sexual activity with an individual without his or her consent.
There are a number of ways a woman “says” NO! It can be through her silence, struggling, saying “NO!”, “Not now, not tonight”, “I have a headache.”, “I’m not sure.”, etc.
Alcohol is a sticky issue in sexual assault. If the woman is drunk, it is commonly said that she is responsible for the assault. If the assaulter is drunk, however, there have been a number of recent legal cases in which men have successfully used being drunk as a defence.
Common myths
Myth # 1
That it’s the stranger, seedy, sinister man who is an assaulter. In fact, 68.5%-85% of sexual assaults are carried out by men known to the woman attacked...
Myth # 2
That it is the young, attractive girl or woman who is at risk of being sexually assaulted... That it relates to her behaviour and how she dresses. It is often said that she was asking for it because the way she was dressed was provocative. An analogy to this logic would be to blame the Bay St. Lawyer, in his 3-piece Italian suit for being the victim of a pick-pocket. Perhaps the police officer, in this case, would say the lawyer was asking for it by flaunting his wealth and status...
The fact is that women are assaulted in all types of clothes (snowmobile suits, a nun in her habit). Sexual assault is an act of hatred, control, violence, power, degradation, humiliation, as opposed to an act of sex.
Men, too, can be raped, but this is most likely to occur in prison, whereas a woman is most likely to be raped at home, in a car, or in a public building. She is less likely to be sexually assaulted in the streets.
Warning signs of sexual abuse
Be alert if someone is:
- treating you differently from others in a way that makes you feel uneasy or uncomfortable
- making accusations or asking questions about sexual activity between you and others
- making sexual remarks about your body or the way you dress
- talking to you about sexual activities he or she has participated in
- entering your bedroom or bathroom without permission or when you are undressed
- exposing private parts of his or her body.
- trying to persuade you to take alcohol or other drugs that could affect your judgment
Prevention and actions you can take
- Report your suspicions to someone you can trust. Do not try to handle the situation by yourself.
- Try to avoid being alone with anyone you are unsure of.
- Decide in advance to what you are, or are not, willing to agree. Do not let anyone pressure you into any activity against your will.
- Do not be afraid to question potential offenders about their actions. If they are innocent they will not be offended. Ask them what they are doing and why they are doing it. Tell them that you will report any activity that you do not consent to.
- Be confident. Believe you are important. The image you project can influence the way other people treat you.
- Say what you mean. Say “yes” if you mean “yes” and “no” if you mean “no”.
- Match your voice, facial expression and body language to your feelings. Do not smile if you are angry.
If someone assaults or abuses you
- No one can tell you how you should react in this situation. It is a personal decision only you can make. The most important consideration is your personal safety.
- Regardless of whether the assault or abuse was committed by a stranger or someone you know do not keep it a secret. Report the incident immediately. Tell someone you can trust.
- You are not responsible for being abused or assaulted. You are not to blame and it is not your fault. Do not be concerned about what will happen to the assaulter/abuser if you report it. You have the right and the responsibility to protect yourself.
- If you are going to report it, do not go to the washroom, shower, bathe, brush your teeth, or change your clothes. This would destroy evidence.
- Hospitals have a “Rape Kit”, or “Sexual Evidence Kit”. Administering the procedures outlined in the kit can take up to 5 hours, depending on the nature of the assault. You do not have to agree to have it done, or you can agree to certain parts and not others.
- In Toronto, there have been excellent reports about Women’s College Hospital’s approach and use of the kit. In Mississauga, it is the Mississauga Hospital, and in Scarborough, it is Scarborough Grace.
- The police won’t be in the examination room when the medical exam is being administered. They will be outside the room, ensuring the evidence is not brought in or taken out. You can have anyone you choose in the room while you are being examined. This could be your spouse, a friend, relative, or someone from the Rape Crisis Centre. Although hospital staff has been known to ask the person to leave, you have every right to have someone there and the person doesn’t have to leave unless you want that.
- The evidence collected with the kit will be stored for up to 6 months while you decide whether or not to press charges.
- You have a right to ask for a female Doctor, and to be questioned by a female police officer.
- The Rape Crises Centre has a 24-hour line. You can call them collect if you are at the cottage, or otherwise out of the area. They give lots of medical, legal information and psychological counselling.
NOTE:
If the police are called, the advantage is that the assault report will be on record. The man may have assaulted others.
According to Statistics Canada the conviction rate for adult sexual assault cases in 2004-05 was 38% and for other sexual offences was 37%. This indicates over a 25% increase in convictions in the past 20-25 years. Some reports have estimated that 1 in 10 sexual assaults actually get reported. Rape crisis centres, however, using the information they get from phone calls, estimate that it is much lower than that.
NOTE:
If the police lay charges, the victim will be subpoenaed and will be brought into court as a witness, not as the victim of the crime. She will have no choice. The rape kit evidence will also be subpoenaed and so would any records from the Rape Crisis Centre (for that reason, they don’t keep a file of what was said. They just keep the person’s name and phone number.) Remember, an adult can choose to call the police or not, the Dr. will not. If the victim is a child the Doctor must report it.
The city of Toronto’s website provides information about sexual assault.