Victims of Sexual Assault (4:V)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 15 August 2026. |
A. What is sexual assault?
Any sexual contact which occurs without the consent of all the people involved is sexual assault. Sexual assault ranges from unwanted touching of a sexual nature to forced sexual intercourse. It can occur anywhere – at school, work, public places, or at home. Sexual assault can occur between strangers or those who know each other well, including spouses. Sexual assault is most often committed by those known to the victim, such as family members, acquaintances, or people in positions of trust or authority over the victim.
If an individual has been in any of the following situations, they may have been a victim of sexual assault. This list is not exhaustive – many forms of unwanted or coerced sexualised physical contact may meet the Criminal Code definition of sexual assault:
- They have been physically touched in a sexual manner by another person without consent,
- Their words or actions indicated they did not want to have or continue sexual contact, but the sexual contact was made or continued,
- They submitted to sexual contact because someone used force or threatened to use force against them,
- They were not able to give consent to sexual contact (e.g., they were drugged, impaired, or are under the legal age of consent),
- Someone persuaded them to have sexual contact by using their position of authority or power.
Legal age of consent
The following chart does not apply if there is exploitation, dependency, trust, or one-sided authority between the two parties. If none of these factors are present, then the following table can be tabulated:
| Youth's Age | ||||||
|---|---|---|---|---|---|---|
| 12 | 13 | 14 | 15 | 16 | ||
| Partner's Age |
12 | ٧ | ٧ | ٧ | x | x |
| 13 | ٧ | ٧ | ٧ | ٧ | x | |
| 14 | ٧ | ٧ | ٧ | ٧ | ٧ | |
| 15 | x | ٧ | ٧ | ٧ | ٧ | |
| 16 | x | x | ٧ | ٧ | ٧ | |
| 17 | x | x | ٧ | ٧ | ٧ | |
| 18 | x | x | ٧ | ٧ | ٧ | |
| 19 | x | x | ٧ | ٧ | ٧ | |
| 20 | x | x | x | ٧ | ٧ | |
| 21 | x | x | x | x | ٧ | |
| 22 | x | x | x | x | ٧ | |
B. Legal representation for sexual assault victims
Criminal Code, s 278.94 allows for the complainant in a sexual assault trial to have their own legal counsel for the limited purpose of making legal submissions on whether the accused can get access to third-party records, admit third-party records as evidence during the trial, or call evidence of the complainant's prior sexual history. This is an exception to the general rule that victims of crime are not entitled to make their own legal arguments during the accused's criminal trial.
The defence can apply to have the court compel a third party to produce records if they are "likely relevant." Examples of third-party records are: notes taken by a counsellor, therapist, psychologist, or doctor; hospital records; records from child welfare or social services agencies; records from an employer or school; or the complainant's personal journals. A hearing will be held, where the victim can have a lawyer make submissions as to why the accused should not obtain the records. In cases where the accused already has possession of the record, the complainant's lawyer can make submissions about why the record should not be used as part of the trial.
In sexual offence trials, evidence about the complainant's other sexual activity is presumptively inadmissible. Canadian courts recognize that evidence of a complainant's sexual past has historically been misused to conclude that the complainant was more likely to have consented to the subject matter of the accused's charges or that the victim is a less credible witness; these are called the "Twin Myths". The Criminal Code now explicitly states that evidence of the complainant's prior sexual acts is never admissible for the purpose of "Twin Myth" reasoning (Criminal Code, s 276).
The accused is not allowed to ask questions or lead evidence about the victim's other sexual activity without an application to the court where the defence must show there is some valid legal reason to bring that evidence (e.g., that the complainant lied about the nature of the relationship with the accused, or that DNA evidence could have been deposited on a prior occasion). The test for such an application is set out at s 276(2) of the Criminal Code. The victim can choose to make submissions at the hearing (from which the jury and public are excluded), and the contents and evidence that make up the accused's application are under a publication ban (Criminal Code, s 278.95).
The Supreme Court of Canada also ruled in R v Kinamore that a victim's sexual inactivity is also part of a victim's sexual history and therefore presumptively inadmissible.
Bill S-12 aims to make the process to amend or revoke publication bans comprehensive and easy to follow. It centres the victim and emphasizes victim consultation. The victim is the one who should be involved in the decision of whether a publication ban should be imposed and the victim can get the publication ban removed if they no longer want it. Even when a publication ban is in place, the victim is free to share their information in some situations, such as private conversations or when seeking support. However, while publication bans can protect a victim's privacy, it may also restrict their ability to speak publicly about their experience. They should be referred to Crown, victim services, or independent counsel if they have questions about whether a ban should be imposed, varied, or revoked.
In all cases where the defence brings any of the applications set out above, Legal Aid will provide the complainant with a lawyer free of charge. It is part of the prosecutor's job to inform Legal Aid when they receive such an application from the defence. The complainant is also free to hire and pay their own lawyer rather than go through Legal Aid.
C. Help for victims of sexual assault
If a person is, or suspects someone else is, the victim of a sexual assault, they should ensure they are in a safe place and then call the police. If they are in immediate danger or need emergency medical attention, it is important to call 911 immediately.
If a person does not want to speak to police, there are other resources available. VictimLink BC is available by call or text at 1-800-563-0808 and can provide anonymous support and referrals to local victim service programs. Nurses are available through Healthlink BC and can be reached 24/7 by calling 811.
If the sexual assault involves a child, the Ministry of Children and Family Development should be notified through their 24-hour emergency abuse line at 1-800-663-9122. More info at https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children/reporting-child-abuse.
Even if a person does not think that they need immediate medical attention, they should still go to the hospital. If a person has been sexually assaulted within the last 7 days, there is a special team of nurses and/or doctors at the hospital who can help. A person may need medical attention, even if they do not have visible signs of injury. Further information on sexual assault and the steps to take is available at https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-sexual-assault.pdf.
D. Help for students, faculty, and staff of post-secondary institutions
The Sexual Violence and Misconduct Policy Act requires all public post-secondary institutions in B.C. to have a sexual violence and misconduct policy. Resources pertaining to each post-secondary institution can be found at https://www2.gov.bc.ca/gov/content/safe-campuses-bc.
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