Understanding Consent: Key Issues in Sexual Assault Cases in Alberta
At Kolinsky Law, we understand that sexual assault cases often hinge on the complex issue of consent. Alberta courts have established clear guidelines about what constitutes consent in sexual encounters, yet many people remain uncertain about their legal rights and responsibilities. Whether you’re a survivor seeking justice or someone facing allegations, understanding how Alberta law defines and interprets consent is crucial.
The Legal Framework of Consent
Under Canadian law, consent must be actively and clearly given through words or actions. At Kolinsky Law, we emphasise three fundamental principles of consent:
- Consent must be explicit and affirmative – silence or passivity never constitutes consent, and the law requires clear agreement to sexual activity through words or actions.
- Consent must be ongoing throughout the entire sexual encounter – a person can withdraw consent at any time.
- Consent must be given in a state of full capacity – this means the person must be conscious, sober enough to make decisions, and free from coercion.
When Consent Cannot Be Given
Our Sexual Assault Charges Lawyers in Edmonton regularly handles cases where consent cannot legally exist. These circumstances include:
- When someone is in a position of trust, power, or authority over the complainant
- When consent is obtained through threats, fear, fraud, or deception
- When the person is under the effect of alcohol or drugs
- When the person is below the age of consent (16 in Alberta, with close-in-age exceptions)
The Role of Communication in Consent
At Kolinsky Law, we emphasize the importance of clear communication in sexual encounters. The law recognises that consent involves an ongoing dialogue between parties. This means checking in with your partner, respecting boundaries, and acknowledging that consent can be withdrawn anytime. Understanding these communication principles not only protects both parties legally but also promotes healthier sexual relationships.
Common Misconceptions and Legal Realities
Through our extensive experience in sexual assault cases, we’ve identified critical misconceptions about consent that need clarification:
- A person’s clothing choices, past sexual history, or relationship status with the accused has no bearing on consent
- Giving consent for one sexual act doesn’t mean consenting to all acts
- Previous consent in past encounters does not carry forward to future situations
Evidence and Documentation
In sexual assault cases, courts examine various forms of evidence to determine if consent was present. Key elements we review include:
- Digital communications (text messages, social media, emails)
- Witness statements and testimonies
- Medical records and examinations
- Timeline documentation of events
Building Strong Legal Support
At Kolinsky Law, our Sexual Assault Lawyers in Edmonton approach each sexual assault case with the sensitivity and thoroughness it deserves. Whether representing survivors or the accused, we ensure our clients understand their rights and the legal process ahead. Our team works diligently to gather relevant evidence, challenge misconceptions, and present compelling arguments that accurately reflect the complexities of consent in sexual assault cases.
If you’re dealing with a Sexual Assault Case in Alberta, reach out to Kolinsky Law & schedule a confidential consultation where we can discuss your situation and outline potential legal strategies for your case.