In light of recent court cases involving sexual assault, public perceptions of injustice, and high school protests on the issue across B.C., the Elizabeth Fry Society sheds light on the culture of consent.
含羞草研究社淒o not touch people if they do not seem like they can give consent,含羞草研究社� said Samantha, team lead for victim services at Elizabeth Fry. (Her surname is not being published due to security concerns.)
READ MORE: West Kelowna students call for action against alleged sexual assaults
In a recent Kelowna court case, four men were acquitted after being charged with sexual assault following a night of alcohol consumption and sex. The judge含羞草研究社檚 decision prompted oft-heard public criticism.
READ MORE: Weak evidence leads to acquittal of 4 men in Kelowna sexual assault case
It含羞草研究社檚 a complex and controversial subject.
含羞草研究社淲hen alcohol becomes involved, it is a grey area,含羞草研究社� she said, referencing the Canadian judicial system.
Asked in general terms about the legality surrounding a person含羞草研究社檚 ability to give consent while under the influence of alcohol, criminal defence lawyer Timothy Foster told the Capital News that it含羞草研究社檚 not clear-cut under the law and is dependent on the situation.
含羞草研究社淟egally, you can含羞草研究社檛 give informed consent if you含羞草研究社檙e incapacitated,含羞草研究社� said Foster. 含羞草研究社淵ou can含羞草研究社檛 give consent if you含羞草研究社檙e passed out and unconscious.含羞草研究社�
However, 含羞草研究社淪ometimes people are blacked out, but they含羞草研究社檙e still walking, talking, and saying and doing things, and it含羞草研究社檚 just their memory that doesn含羞草研究社檛 work anymore.含羞草研究社�
In that condition of being 含羞草研究社渂lacked out含羞草研究社� drunk, Foster said, 含羞草研究社淟egally, yes, you can give informed consent, even if you don含羞草研究社檛 remember.含羞草研究社�
However, the Elizabeth Fry Society含羞草研究社檚 stance is that,含羞草研究社渋f you are intoxicated, you cannot consent,含羞草研究社� said Samantha.
含羞草研究社淵ou are not in the right place of mind to consent to sexual activity.含羞草研究社�
If the person is intoxicated, just assume they cannot give consent, even if they say yes, she said, stressing that if there is any uncertainty involving the ability of your sexual partner to agree to sexual activities, 含羞草研究社渏ust don含羞草研究社檛 do it.含羞草研究社�
Samantha also added the need for explicit, verbal confirmation that your partner is a willing participant.
If you don含羞草研究社檛 know the person well and haven含羞草研究社檛 had a conversation about consensual sex, prior to drinking, 含羞草研究社渏ust don含羞草研究社檛 do it含羞草研究社� she said.
She wants survivors of sexual assault to know that they are not alone, emphasizing that the Elizabeth Fry organization believes survivors and will listen to them. Their purpose is to help victims of assault move forward and find healing.
含羞草研究社淲e will help you figure out the next steps,含羞草研究社� she said.
She said seeking legal justice can be one step in the healing process for people, but unfortunately it doesn含羞草研究社檛 always happen.
含羞草研究社淚 explain to my clients that you are up against a difficult system. The system has failed victims again and again 含羞草研究社� it含羞草研究社檚 a shame that the system is set up in the way that it is.含羞草研究社�
Samantha wants to encourage people to come forward and speak about their experience with sexual assault.
含羞草研究社淭he more people that come forward, the more the system will learn and change.含羞草研究社�
READ MORE: Coldstream students take a stand for sexual consent in walkout
READ MORE: Trial starts in Kelowna for 4 men accused of sexual assault, unlawful confinement
Jacqueline.Gelineau@kelownacapnews.com
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