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What is sexual violence?
Sexual assault is defined here as any unwanted act of a sexual nature that is imposed on another person. Nearly all sexual assaults are committed by men. Men and boys can be victims of sexual violence, but the majority of sexual assault survivors are women and girls, with 99% of the perpetrators male (Ottawa-Carleton Sexual Assault Protocol, Ottawa 1997).

Sexual assault is a crime of power, control and violence. It is not about a man’s need for sex, nor is it about mentally ill or crazed perpetrators. Rapists are ordinary "normal" men.

Why does it happen?
We are socialized from an early age to accept and maintain a set of mutually exclusive gender roles for men and women. Women are conditioned to be passive, polite and dependent on men. Men are conditioned to be aggressive and domineering. This conditioning sets women up for potential victimization.

"Violence against women is pervasive in Canada...The connection between these acts of violence and the inequality of women is clear. All women in Canada are vulnerable to male violence. Race, class, age, sexual orientation, level of ability and other objective characteristics, alone or in combination, compound the risk. Until all women achieve equality, they will remain vulnerable to violence, and until women are free from violence, they cannot be equal."

("Changing the Landscape: Ending Violence and Achieving Equality" Final Report, the Canadian Panel on Violence Against Women, 1993).

Barrier to equality
Sexual assault is a barrier to women’s equality because it is linked to sexist assumptions about the subordinate status of women and children in society. Sexual assault is a crime of violence. It is often mistakenly considered to be a sexual act. This misunderstanding of the issue leads to mistaken ideas about how to avoid sexual assault.

If you believe, for instance, that only young, sexually attractive women are assaulted, then you may also believe that wearing "provocative" clothing is also a cause of sexual assault. Sexual assault is the only crime where the victim is seen to be responsible. We never question why the victim of a mugging was wearing a gold watch or why the victim of a store robbery handed over all the money in the cash register. But a victim of sexual assault is often asked what she did to contribute to being assaulted. These questions and attitudes blame the victim and protect the offender.

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Date/Acquaintance Sexual Assault

Date rape and acquaintance rape are terms used to describe situations where a woman is forced (through coercion, pressure, intimidation or physical violence) by someone known to her, to go further sexually than she has agreed to.

We think it won’t happen to us. We don’t suspect people we know. We prefer to think someone we don’t know will hurt us, not someone we choose to be with, trust and believe in. We believe that because we choose who we date, we are not at risk when we date.

Statistics have been compiled by the Ontario Women’s Directorate, the Ontario Federation of Students, and from the Ms. Report on Recognizing, Fighting and Surviving Date and Acquaintance Rape.

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Childhood Sexual Abuse

Child sexual abuse is fundamentally an act of violation, power and domination. The sexual abuser’s power, knowledge and resources are far greater than those of the child and the abuser exploits this power difference to take advantage of the child. Children are dependent upon adults, for their survival and for affection and understanding of the world. Every time a child is sexually abused there is coercion. Although violent sexual acts of children do occur, sexual abuse also involves more subtle forms of coercion.

What is Incest?
Incest is a type of sexual abuse where the abuser is a member of the child’s immediate family (a father, stepfather, grandfather, brother, uncle). What makes incest especially traumatic is that trust is abused in the most harmful and exploitative way. People who are supposed to nurture, love and protect the child from any harm are abusing their power to satisfy their whole physical and emotional development. The abuser uses his power further by forcing the child not to tell anyone. This message is often internalized so well that many survivors never talk to anyone; and try to forget by deadening their experiences to ease the pain.

Sexual Assault Against Children
Any sexual contact that is forced upon a person of any age, against their will, is sexual assault. The Canadian Criminal Code includes crimes of sexual abuse and exploitation that are specifically committed against children and young people under the age of 18 years. These crimes are:

  • Sexual interference: the touching of a young person under 14 for a sexual purpose.

  • Invitation to sexual touching: to encourage a child under 14 to touch his or her own body or someone else’s body for a sexual purpose.

  • Sexual exploitation: when those who have special relationships of trust and authority with children (parents, teachers, baby-sitters, and such) engage in sexual activity with that child. The child is dependent upon these people for support and shelter, and when that relationship is exploited for sexual purposes, the crime of sexual exploitation is committed. This type of sexual exploitation is also a crime when committed against a young person over 14 but under 18 years of age.

In addition to the three crimes described above, sexual abuse crimes against children and young people under the age of 18, can include sexual assault, indecent exposure, bestiality, and incest.

When can a young person give consent?
Children under 12 can never give legal consent to sexual activity. Children 12 or more, but under 14 are not considered old enough to consent to sexual activity. There is one exception. If two people consent to sexual activity and the older person is still under 16, then no crime is committed. There must be less than two years difference in age between the two.

It is important to note that if a young person is consenting to sexual activity with someone less than two years older, the consent is not legal if that person is in a position of trust or authority (baby-sitter, a young person caring for a disabled sibling).

Young people 14 or more, but under 18 can legally consent to sexual activity. The consent is not legal, however, if one of those involved is in a position of trust or authority, or is a person upon whom the other is dependent

Click the following link for facts on childhood sexual assault In Canada.

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Sexual Harassment

Sexual harassment is a form of sexual violence and generally has three major characteristics:

  • The behaviour is unwanted and unwelcome.

  • The behaviour is sexual or related to the sex of the person.

  • The behaviour occurs where one person has more formal power or authority than the other (like a teacher or a boss), or more informal power (like an older student or co-worker).

Sexual harassment is any behaviour, comment, gesture or contact of a sexual nature that could be considered objectionable or offensive. It can cause embarrassment or hurt. It is a form of discrimination that often starts with subtle comments or actions and may escalate to sexual assault.

Sexual harassment includes, but is not limited to:
  • unwanted physical contact.

  • sexual advances.

  • requests for sexual favours.
  • pestering a person for dates.

  • suggestive or offensive comments or gestures.

  • threats, intimidation or verbal abuse.

  • remarks about sexual identity or sexual orientation.

  • displaying sexist or demeaning pictures and posters.

  • job promotion or demotion/school passing or failing as a result of gender (known as gender harassment).

Sexual harassment can be an isolated incident or many incidents over a period of time. It can affect a person's school or job performance, self-esteem and sense of safety. It can also cause emotional and health problems.

Sometimes, males are harassed, but most victims of sexual harassment are female. The harasser is usually male. Most incidents of sexual harassment are not reported. Women are afraid of the consequences: being ridiculed, intimidated, losing their job, receiving failing grades, losing friends. The implications of being sexually harassed are extremely traumatic. A woman may feel distressed and immobile. Women also report feeling nervous, irritable, frustrated, and powerless. Please see the following link on What To Do If You are Being Sexually Harassed.

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Sexual Assault & HIV

The risk of HIV transmission through rape depends on several factors. HIV can be transmitted only by someone who is infected. Therefore the likelihood of the rapist being infected is a crucial variable. We cannot predict whether a woman will become infected as the result of a sexual assault. However, we can identify factors that increase the chances of infection.

Although many body fluids in the infected individual contain HIV, the highest concentrations occur in blood and semen. Given this, any opportunity where the infection is able to enter the woman's blood stream is of most concern. For example, the woman who has genital ulcers is probably more likely to be infected during unprotected sex than the woman without genital ulcer disease. It is also likely that any trauma during sex will disrupt the normal mucous membrane barriers in a woman and increase the likelihood of becoming infected when exposed to HIV.

HIV infection can occur though rape. The risk of this occurring when the rapist is infected is unknown, but has been estimated to be less than or equal to 0.2%. Genital ulcers and trauma will increase the rate of transmission. Please see the following link on What You Need to Know.

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Drug & Alcohol Use

A recent study has shown that there are many drugs involved in cases of substance-related sexual assault.

The largest samples contained alcohol and almost 40% contained multiple substances. This is not an issue that is limited to one or two drugs. Testing for a range of controlled substances, covering an eighteen month period from June through December 1997, 578 samples from 41 American states were analyzed. The findings report that out of 578 samples tested:

  • 208 contained alcohol.

  • 93 contained marijuana.

  • 40 contained cocaine.

  • 32 contained GHB (gamma hydroxybutyrate, a central nervous system depressant that is manufactured in the U.S.); eleven of these also contained alcohol and fourteen also contained other drugs.

  • 5 contained flunitrazepam (Rohypnol), and of those five, only one contained flunitrazepam alone; four contained other substances including alcohol, cocaine and opiates.

"Date Rape" Drug
Rohypnol, or "Roofies", is a potent drug that produces a sedative effect lasting for several hours. It is often combined with alcohol, marijuana or cocaine to produce a rapid and dramatic high.

In the US the drug has been added to drinks at fraternity parties and college social gatherings. It is reportedly given to female party participants in the hopes of lowering inhibitions and facilitating potential sexual assaults. Police Departments are reporting that after ingestion of Rohypnol, many women have awakened at parties with no clothes on, in unfamiliar surroundings, and with the fear that they may have been sexually assaulted while under the influence of this drug.

Besides the worries of unprotected sex, such as STD's and pregnancy, Rohypnol (especially when mixed with alcohol or other drugs) may lead to respiratory depression, aspiration and even death. An amnesia-producing effect may prevent victims from remembering how or why they took the drug. If they suspect that they have been sexually assaulted, they may be reluctant to tell anyone, report the assault to the police or call the rape crisis centre because they may feel they lack the evidence to do so.

It is difficult under ordinary circumstances to protect oneself against sexual assault. Awareness and assessment of one's environment and its potential dangers is advisable. However, sometimes that is not enough, and a woman who has been sexually assaulted should never feel that she should have done more to protect herself. In the case of a drug such as Rohypnol, awareness in social situations may be called for. Women may choose to drink only from bottled drinks which have been opened in their presence and not left unattended.

Female high school, university and college students are statistically at greater risk for sexual assault under ordinary circumstances. These women need to take special care while at social functions, due to the higher rate of the appearance of Rohypnol at these occasions. The effect of "roofies" may prevent users from remembering how or why they took the drug, or even that they were given it by others. This makes investigation of sexually related or other offenses difficult, and may account for repeated reports of "date rapes" involving Rohypnol.

In Canada it is a crime to have sexual contact with someone who does not give consent. The law states that when an individual is under the influence of drugs or alcohol, consent is not possible.

Hoffman-Laroche, manufacturers of Rohypnol, are concerned about the alleged misuse of the drug. In response, they have added blue dye to the tablets to make them easier to identify and have changed the formulation of the tablet so that they dissolve more slowly. It is still problematic (dark beer bottles/low lighting in bars) and should still be considered a cause for concern.

Drunkenness defense
Consent is the voluntary agreement of an individual to engage in a particular sexual activity at a particular time.

As stated in the criminal code, there is no consent when:

"...An honest but mistaken belief on the part of the accused that the complainant consented to the sexual activity is a defense unless the accused's belief arose from self-induced intoxication, or reckless or willful blindness, or where the accused did not take reasonable steps to ascertain that the complainant was consenting."

Although the Criminal Code states:

"that an honest but mistaken belief on the part of the accused that the complainant consented to the sexual activity is a defense."

It is important to note that there is no defense when the accused belief arose from self-induced drunkenness. The accused can't use the fact that he was too drunk to know differently, if he got himself drunk in the first place.

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Memories

Can people forget being abused? Substantial evidence exists to support the notion that people can have traumatic amnesia. Depending on the severity of the trauma, the number of occurrences, and the age of the child, the likelihood is that the survivor will repress or dissociate in an effort to live with the traumatic experiences.

In one study of 450 survivors regarding amnesia for sexual abuse, 59% identified some period in their lives, before age eighteen, when they had no memory of their abuse. Findings suggest that having no memory of child sexual abuse is a common occurrence, even for women whose sexual abuse was previously documented. Since women who never reported their abuse to authorities may have been less likely to have discussed details of the abuse with anyone, it seems quite possible that their rate of forgetting would be even higher than 38%.

Why do some people never forget, while others do?
It depends on the nature of the trauma. In 1991, psychiatrist Lenore Terr found that people retain full memory for single traumatic events referred to as Type I trauma. Memory loss, including gaps for years, is associated with repeated chronic abuse, called Type II trauma. Many researchers, such as Judith Herman and John Briere, have found that greater amnesia occurs when abuse begins earlier, lasts longer, is more violent, and involves multiple perpetrators.

When exposed repeatedly to severe trauma, some people dissociate, that is, they psychologically turn off. They may psychologically leave the scene of the crime at the time of the abuse. Dissociation is a way of coping with unbearable trauma, but also impedes memory.

According to Bessel van der Kolk, a psychiatrist at Harvard, repeated exposure to severe trauma overwhelms the brain structures that are responsible for integrating sensation, perception and emotion in memory. As a result, memories for the various aspects of a traumatic event become fragmented and disconnected from each other, so the memory is not stored as a normal, complete whole.

How are traumatic memories recovered?
In times of increased stress, traumatic memories can return. They come back to the survivor not in words or memories as we commonly know them, but as overwhelming emotions. Visual images, bodily sensations, and nightmares often come to the survivor in pieces, as fragmented as when they were originally processed. This explains why flashbacks or body memories occur without conscious, normal memory of the abuse and its full context. Traumatic memories can be triggered by a variety of stressful life events: reminders of the abuse, having a child, hearing about someone else's abuse, a death, divorce or any other event that provides a bridge to the past.

What is "False Memory Syndrome"?
False Memory Syndrome (FMS) is a medically unrecognized term for an alleged phenomena in which a person, usually a woman, enters therapy for one problem (for example, insomnia) and due to a therapist's suggestion, comes to believe that she was sexually or ritually abused during childhood.

The term was made up by the "False Memory Syndrome Foundation" an organization of several thousand members whose children have accused them of child abuse. Survivors of trauma have been disbelieved and labeled "crazy" for far too long. A caring society requires that its citizens move beyond disbelief and acknowledge the reality of survivors for the sake of the healing of individual survivors and an end to violence against women and children.

Can I trust my recovered memories?
Bessel van der Kolk suggests that body memories and flashbacks can be trusted and, when they occur, are free from distortion. Although memory can be distorted over repeated telling, the central features stay the same. Research by Elizabeth Loftus, a cognitive psychologist, indicates that misleading suggestions may result in people erroneously recalling the superficial details of an event (for example, whether the car involved in an accident was blue or green). There is no research, however, to indicate that misleading suggestions affect memory of the key features of an event (whether a car accident occurred).

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Pornography

"Pornography is verbal or pictorial material which represents or describes sexual behavior that is degrading or abusive to one or more of the participants, often using violence, in such a way as to endorse the degradation for the purpose of entertainment or for selling products. Pornography, its content and intent, is the glorification of violence against women, presenting as "normal" the use of force, degradation and abuse as means to achieve male sexual satisfaction."

(Ottawa Women Fight Pornography, n.d.).

Most people find it difficult to believe that pornography is sexual violence. It is hard to believe that "just images" have an impact on behavior. There is strong evidence, however, to suggest that images convey values and attitudes that have a profound effect on people. The underlying myths that pornography promotes about women include:

  • Women are always willing sexual partners, and mean "yes" even when they say "no."

  • Children are appropriate sexual partners.

  • Women experience sexual pleasure in being raped.

  • Women like to take postures of sexual submission or sexual servility.

  • Women are sexual objects not equal partners in sexual activity.

The strongest message communicated by pornography is that violence is acceptable and sometimes even enjoyed by women. This is not true. One of the results is that many women have been asked to mimic pornographic material. One case study of approximately 50 victims of incest revealed that, in most cases, the adult had a wealth of pornographic material in the home used to "induce [the child] to emulate the women or girls in the pictures." (Penfold, cited in Ridington, 1983). A study in the United States found that men and women who watched nonviolent, sexually-explicit films over the long term, reported being dissatisfied with the appearance and performance of their sexual partners.

Pornography reinforces and strengthens rape myths, particularly the attitude that women derive sexual pleasure from being raped and beaten. Research in this area supports the modeling theory of learning - the more you see, the more you do. The advertising industry, as well as the entire education and training system are successful because, in part, they apply this theory. Yet, we as a society are reluctant to accept this principle when applied to pornography.

Consider this statistic. Boys between the ages of 15 and 18 make up the largest market for pornography in this country (Kaye and MacGregor, 1990). What messages are they learning about women and how will they treat women after viewing this material? Prolonged exposure to filmed violence leads to a significant reduction in the sensitivity to violence against women in other contexts. One study showed that men who viewed films depicting sexuality and violence toward women began, over a time period as short as five days, to see these films as considerably less violent and less degrading to women as they had originally. Furthermore, these films affected their judgment of women in other situations. After viewing a videotaped reenactment of a rape trial, the men who had seen the films viewed the woman to be less injured and less worthy than did the men in a control group who had not seen the films. The studies on the influence of pornography on sexual violence have been so compelling that the presence of pornographic materials during or before a sexual assault has become relevant evidence in a sexual assault trial.

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Reducing the Risk

When it comes to sexual violence, women are always at risk. Considering the prevalence of sexual assault and the fact that most assailants are the dates, friends, and partners of the survivor, women can try to reduce risks, but there is nothing they can do to ensure that they wonÕt be assaulted. Sexual assault is never a result of what a woman does or does not do. Some women feel more secure if they take certain actions to try and reduce risks of assault.

Reducing the risks - acquaintance/date rape
Decide how far you want to go sexually ahead of time. What are you comfortable with? Is light kissing and caressing okay with you? Are you all right with passionate kissing? Be direct and assertive in communicating those limits. Make it clear that you want to go so far, and no further.

Defend your right to set limits and your right to choose what you want and don't want to do. Get angry and take any action you can when someone disrespects those limits and makes you uncomfortable. Use powerful language, and a firm voice that says "STOP! I am not consenting to this!"

Make a scene. Yell. Throw something. Run away. DonÕt worry or apologize for making a scene. He is in the wrong, not you. Stand up for yourself. It is okay to be aggressive and rude towards someone who is disrespecting your limits and pressuring you for sex. Worry about yourself - donÕt concern yourself with his feelings because he is clearly disregarding yours.

Try anything. Try whatever you can think of to get out of the situation. Fake a coughing spell. Say you are going to be sick. On a date, have your own transportation home or carry enough money to get yourself home. Trust yourself and trust your instincts. Trust yourself to know what is right for you. If you feel that you are being pressured, you are right! Pay attention to how you are feeling, if you become uncomfortable, do what you can to get out.

Reducing the risks - stranger sexual assault
Although stranger rape is much less common than acquaintance and date rape, some women feel more secure if they take certain actions to try and reduce risks of assault.

Walk and act confidently. Look like you've got somewhere to go. When something does not feel right, act immediately. Do whatever you can think of and don't worry about it "looking strange."

Be direct and use a strong, firm voice. Say things like "Get out of my way." Get angry. Make a scene. Yell. Throw things. Run. Try anything. Trust yourself and your instincts. Always know that an attack is never your fault.

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Consent

In sexual assault cases the primary defense centers on consent. The following are some defenses to a charge of sexual assault:

"It wasn't me."
"It didn't happen."
"I'm not responsible, it was an accident."
"Yes we had sex, but it was consensual."

Consent is when you willingly give permission, through your words or actions, for something to happen. The crime of sexual assault has been committed if sexual activity has occurred without the consent of the complainant.

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