A History of Canadian Sexual Assault Legislation
1900-2000

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Meaning of "Consent"

An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38, s. 1.

[Meaning of "consent"]
273.1 (1) Subject to subsection (2) and subsection 265(3), "consent" means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.
    [Where no consent obtained]
    (2) No consent is obtained, for the purposes of sections 271, 272 and 273, where
        (a) the agreement is expressed by the words or conduct of a person other than the complainant;
        (b) the complainant is incapable of consenting to the activity;
        (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
        (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
        (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
    [Subsection (2) not limiting]
    (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.