Under the Criminal Code of Canada, all non-consensual sexual touching is considered sexual assault. Touching is “sexual” where it occurs in sexual circumstances or on or near a sexual part of the body (for example, breasts, buttocks, or genitals). It is prudent to ensure you have the other person’s consent before engaging in any kind of sexual touching. If the other party is intoxicated, they may not be capable of giving consent. In this situation, any sexual touching or intercourse may constitute sexual assault.
It is especially important to ensure that any sexual touching that occurs in the workplace and/or between colleagues is consensual. Even touching that seems innocuous may be sexually inappropriate, especially if there is a workplace hierarchy-related power imbalance. An individual may not consent to being touched sexually but refrain from speaking up for fear of compromising their employment and subsequent livelihood. It is best to avoid sexual touching in the workplace and at work events altogether.
The consequences of a sexual assault conviction can be devastating, including having to register as a sex offender. Our lawyers have a wealth of experience handling sexual assault cases, which can be extremely complex and lengthy. If you have been charged with sexual assault or any other criminal offence, contact our legal team at (905) 541-2228 as soon as possible.
