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.
鈥淒o not touch people if they do not seem like they can give consent,鈥� said Samantha, team lead for victim services at Elizabeth Fry. (Her surname is not being published due to security concerns.)
READ MORE: West 琉璃神社 students call for action against alleged sexual assaults
In a recent 琉璃神社 court case, four men were acquitted after being charged with sexual assault following a night of alcohol consumption and sex. The judge鈥檚 decision prompted oft-heard public criticism.
READ MORE: Weak evidence leads to acquittal of 4 men in 琉璃神社 sexual assault case
It鈥檚 a complex and controversial subject.
鈥淲hen alcohol becomes involved, it is a grey area,鈥� she said, referencing the Canadian judicial system.
Asked in general terms about the legality surrounding a person鈥檚 ability to give consent while under the influence of alcohol, criminal defence lawyer Timothy Foster told the Capital News that it鈥檚 not clear-cut under the law and is dependent on the situation.
鈥淟egally, you can鈥檛 give informed consent if you鈥檙e incapacitated,鈥� said Foster. 鈥淵ou can鈥檛 give consent if you鈥檙e passed out and unconscious.鈥�
However, 鈥淪ometimes people are blacked out, but they鈥檙e still walking, talking, and saying and doing things, and it鈥檚 just their memory that doesn鈥檛 work anymore.鈥�
In that condition of being 鈥渂lacked out鈥� drunk, Foster said, 鈥淟egally, yes, you can give informed consent, even if you don鈥檛 remember.鈥�
However, the Elizabeth Fry Society鈥檚 stance is that,鈥渋f you are intoxicated, you cannot consent,鈥� said Samantha.
鈥淵ou are not in the right place of mind to consent to sexual activity.鈥�
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, 鈥渏ust don鈥檛 do it.鈥�
Samantha also added the need for explicit, verbal confirmation that your partner is a willing participant.
If you don鈥檛 know the person well and haven鈥檛 had a conversation about consensual sex, prior to drinking, 鈥渏ust don鈥檛 do it鈥� 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.
鈥淲e will help you figure out the next steps,鈥� she said.
She said seeking legal justice can be one step in the healing process for people, but unfortunately it doesn鈥檛 always happen.
鈥淚 explain to my clients that you are up against a difficult system. The system has failed victims again and again 鈥� it鈥檚 a shame that the system is set up in the way that it is.鈥�
Samantha wants to encourage people to come forward and speak about their experience with sexual assault.
鈥淭he more people that come forward, the more the system will learn and change.鈥�
READ MORE: Coldstream students take a stand for sexual consent in walkout
READ MORE: Trial starts in 琉璃神社 for 4 men accused of sexual assault, unlawful confinement
Jacqueline.Gelineau@kelownacapnews.com
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