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.
香蕉视频直播淒o not touch people if they do not seem like they can give consent,香蕉视频直播� 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香蕉视频直播檚 decision prompted oft-heard public criticism.
READ MORE: Weak evidence leads to acquittal of 4 men in Kelowna sexual assault case
It香蕉视频直播檚 a complex and controversial subject.
香蕉视频直播淲hen alcohol becomes involved, it is a grey area,香蕉视频直播� she said, referencing the Canadian judicial system.
Asked in general terms about the legality surrounding a person香蕉视频直播檚 ability to give consent while under the influence of alcohol, criminal defence lawyer Timothy Foster told the Capital News that it香蕉视频直播檚 not clear-cut under the law and is dependent on the situation.
香蕉视频直播淟egally, you can香蕉视频直播檛 give informed consent if you香蕉视频直播檙e incapacitated,香蕉视频直播� said Foster. 香蕉视频直播淵ou can香蕉视频直播檛 give consent if you香蕉视频直播檙e passed out and unconscious.香蕉视频直播�
However, 香蕉视频直播淪ometimes people are blacked out, but they香蕉视频直播檙e still walking, talking, and saying and doing things, and it香蕉视频直播檚 just their memory that doesn香蕉视频直播檛 work anymore.香蕉视频直播�
In that condition of being 香蕉视频直播渂lacked out香蕉视频直播� drunk, Foster said, 香蕉视频直播淟egally, yes, you can give informed consent, even if you don香蕉视频直播檛 remember.香蕉视频直播�
However, the Elizabeth Fry Society香蕉视频直播檚 stance is that,香蕉视频直播渋f you are intoxicated, you cannot consent,香蕉视频直播� said Samantha.
香蕉视频直播淵ou are not in the right place of mind to consent to sexual activity.香蕉视频直播�
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, 香蕉视频直播渏ust don香蕉视频直播檛 do it.香蕉视频直播�
Samantha also added the need for explicit, verbal confirmation that your partner is a willing participant.
If you don香蕉视频直播檛 know the person well and haven香蕉视频直播檛 had a conversation about consensual sex, prior to drinking, 香蕉视频直播渏ust don香蕉视频直播檛 do it香蕉视频直播� 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.
香蕉视频直播淲e will help you figure out the next steps,香蕉视频直播� she said.
She said seeking legal justice can be one step in the healing process for people, but unfortunately it doesn香蕉视频直播檛 always happen.
香蕉视频直播淚 explain to my clients that you are up against a difficult system. The system has failed victims again and again 香蕉视频直播� it香蕉视频直播檚 a shame that the system is set up in the way that it is.香蕉视频直播�
Samantha wants to encourage people to come forward and speak about their experience with sexual assault.
香蕉视频直播淭he more people that come forward, the more the system will learn and change.香蕉视频直播�
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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