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91ƵIf you91Ƶre intoxicated, you cannot consent,91Ƶ reminds B.C. society after sex assault trial

In light of recent events the Elizabeth Fry Society informs on legality of sexual assault
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Students at high schools across B.C. have been organizing protests about the culture of consent (AP Photo/Peter Dejong)

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.

91ƵDo not touch people if they do not seem like they can give consent,91Ƶ 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 judge91Ƶs decision prompted oft-heard public criticism.

READ MORE: Weak evidence leads to acquittal of 4 men in Kelowna sexual assault case

It91Ƶs a complex and controversial subject.

91ƵWhen alcohol becomes involved, it is a grey area,91Ƶ she said, referencing the Canadian judicial system.

Asked in general terms about the legality surrounding a person91Ƶs ability to give consent while under the influence of alcohol, criminal defence lawyer Timothy Foster told the Capital News that it91Ƶs not clear-cut under the law and is dependent on the situation.

91ƵLegally, you can91Ƶt give informed consent if you91Ƶre incapacitated,91Ƶ said Foster. 91ƵYou can91Ƶt give consent if you91Ƶre passed out and unconscious.91Ƶ

However, 91ƵSometimes people are blacked out, but they91Ƶre still walking, talking, and saying and doing things, and it91Ƶs just their memory that doesn91Ƶt work anymore.91Ƶ

In that condition of being 91Ƶblacked out91Ƶ drunk, Foster said, 91ƵLegally, yes, you can give informed consent, even if you don91Ƶt remember.91Ƶ

However, the Elizabeth Fry Society91Ƶs stance is that,91Ƶif you are intoxicated, you cannot consent,91Ƶ said Samantha.

91ƵYou are not in the right place of mind to consent to sexual activity.91Ƶ

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, 91Ƶjust don91Ƶt do it.91Ƶ

Samantha also added the need for explicit, verbal confirmation that your partner is a willing participant.

If you don91Ƶt know the person well and haven91Ƶt had a conversation about consensual sex, prior to drinking, 91Ƶjust don91Ƶt do it91Ƶ 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.

91ƵWe will help you figure out the next steps,91Ƶ she said.

She said seeking legal justice can be one step in the healing process for people, but unfortunately it doesn91Ƶt always happen.

91ƵI explain to my clients that you are up against a difficult system. The system has failed victims again and again 91Ƶ it91Ƶs a shame that the system is set up in the way that it is.91Ƶ

Samantha wants to encourage people to come forward and speak about their experience with sexual assault.

91ƵThe more people that come forward, the more the system will learn and change.91Ƶ

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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Jacqueline Gelineau

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