Sexual assault includes any conduct that involves non-consensual sexual penetration or non-consensual personal contact of a sexual nature.
Unwanted sexual penetration: any degree of insertion, however slight, of the penis or any object into the vagina or anus, or the penis into the mouth, of another person, or causing the penetration of another person, when one:
- Does not first obtain explicit consent from that person; or
- Knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.
Non-consensual personal contact of a sexual nature: touching of the genitalia, anus, buttocks, or breasts of a person or causing such person to touch the genitalia, anus, buttocks, or breasts of another person when a reasonable person would know that such contact would cause emotional distress:
- Without having first obtained explicit consent; or
- When they know or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.
Explicit consent: voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. “Explicit consent” includes an affirmative verbal response or voluntary acts unmistakable in their meaning.
Mental disorder: a person suffers from a mental disease or disorder that renders that person incapable of appraising the nature of the conduct of another person.
Mental incapacitation: a person is rendered incapable of appraising or controlling one’s own conduct at the time of the alleged offense because of the influence of a controlled or intoxicating substance or because of any act committed upon the person without consent.
Physical helplessness: a person is unconscious or for any other reason is physically unable to communicate unwillingness to engage in an act.