☛ Ce texte est aussi disponible en français [➦].

Translated by Gabrielle Baillargeon-Michaud. 

In the wake of the recent wave of denunciations of sexual assaults which sparked numerous debates in the media, several social movements, including #MeToo and #OnVousCroit, have once again become viral phenomena. They have brought to light the (too often questioned) narratives of individuals who have experienced various forms of sexual violence. However, distinguishing between the different terms related to this concept is not always straightforward. Many terms are frequently confused, misunderstood, and sometimes even misused in the media.

Firstly, sexual violence, including cybersexual violence, encompasses a wide range of behaviours. This term refers to any physical, sexual, or psychological act carried out through force, pressure, or intimidation. The resulting consequences, from verbal harassment to forced penetration, can be severe for the affected individuals and their loved ones (Fondation Marie-Vincent, 2016; OMS, 2012). Additionally, cybersexual violence occurs through communication technologies such as social media or text messages (Fondation Marie-Vincent, 2016). It may include voyeurism, sextortion, oppressive sexual advances, the spreading of unwanted sexual messages, photos, or videos, and the distribution of child pornography material (CHU Sainte-Justine, 2015; Fondation Marie-Vincent, 2016).

In institutional contexts such as workplaces or schools, sexual harassment is frequently discussed. It is considered a form of sexual violence; it is discriminatory harassment based on identity, gender, sex, ethnic origin, sexual orientation, or any other individual characteristic (INSPQ, 2020). It may consist of actions, comments, or demands for inappropriate sexual favours (Kids Help Phone, n.d.). To be legally recognized as infringing on an individual’s right to equality, it must involve unwanted sexual behaviour with detrimental effects on the individual. Except for aggravated sexual assault, the repetitive nature of the behaviour must also be demonstrated in court (INSPQ, 2020). Although not recognized by the Criminal Code, it is prohibited by the Charter of Human Rights and Freedoms and the Act Respecting Labour Standards, allowing complaints to their respective commissions (Commission des droits de la jeunesse et des droits de la personne, 2021; Table de concertation sur les agressions à caractère sexuel à Montréal, 2021). 

Unlike sexual harassment, sexual assault is a crime. It is defined as a sexual act committed without the consent of the person involved. The assault can occur with or without physical contact and penetration (INSPQ, 2018). The Criminal Code classifies this offence into the following three levels, all punishable by law. Each level of assault is defined as follows:

1. An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.
2. Sexual assault with a weapon, threats, or causing bodily harm.
3. Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim (Gouvernement du Canada, 2016).

Changes in Legal Terminology

Until 1983, the Canadian Criminal Code referred to “rape,” a term still commonly used in everyday language to denote sexual assault involving penetration. In Canada, this term was replaced with “sexual assaults,” allowing for the recognition of offences that do not involve penetration (INSPQ, 2018; INSPQ, 2020). In France, these two terms are distinguished in the criminal code: “rape” refers to any act of penetration, while “sexual assault” includes any physical contact involving sexual activity (De Haas, 2021). The term “rape culture” refers to the trivialization of sexual assaults and behaviours that excuse or justify them, placing blame on survivors and questioning their statements (Gouvernement du Québec, 2021). Furthermore, it was not until 1984 that sexual assault between spouses was recognized under Canadian law, eliminating the dynamic of sexual submission previously associated with marriage (Conseil du statut de la femme, 1995; LDL, 2015).

When discussing cases of sexual assault on a minor, the term “sexual abuse” is often used. The definitions of this term vary according to historical, social, and cultural contexts. However, the majority concurs that sexual abuse involves an unequal and/or coercive relationship, along with a lack of consent (Born et al., 1996; Collart, 2017). This term is specifically defined under the Youth Protection Act, which states that it constitutes sexual abuse “A situation in which the child is subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including any form of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation” (Loi de 2020 sur la protection de la jeunesse, L.R.Q. 2020, c 34(1), s 38(d)(1); Gouvernement du Québec, 2020). However, sexual abuse is not recognized by the Canadian Criminal Code. In legal terms, it is referred to as “sexual assault of a minor” (INSPQ, 2018).

Sexual exploitation “refers to any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.” (Gouvernement du Canada, 2020). This offence involves using a person’s body for sexual purposes, taking advantage of the individual’s vulnerability to benefit the offender. This form of violence typically arises after establishing a trust relationship or within a power imbalance (Gouvernement du Canada, 2020; OMS, 2021). For example, it can include forcing a person to engage in prostitution or pornography by making use of power dynamics, such as force, to threaten or manipulate. (Fondation Marie-Vincent, 2016; Gouvernement du Québec, 2020.) This offence is also considered sexual abuse when committed against a minor. However, the opposite is not necessarily true. Sexual abuse is not automatically considered sexual exploitation: it depends on the nature of the acts committed. Sexual exploitation involving an adult is often conflated with sex work. However, the notion of consent clearly distinguishes the two: sex work is practised freely and voluntarily by those who engage in it.

The term “sexual misconduct”, which has prominently appeared in the media recently, refers to a range of sexual violence and inappropriate behaviours occurring in a professional context. This includes any act where a professional abuses their power or a professional relationship to make inappropriate sexual remarks or gestures that undermine the dignity of their profession. Sexual misconduct encompasses sexual jokes, unhealthy work relationships, sexual harassment, sexual assaults, and sexual exploitation. These unacceptable and criminal behaviours contribute to a toxic work environment and are punishable under the Code of Service Discipline (Gouvernement du Canada, 2019).

Allegations or Accusations?

In the media, reports on sexual violence are typically introduced by presenting allegations or accusations against an individual. Allegations refer to claims that a person has committed a wrongdoing, implying suspicion but not proven facts. The accused remains innocent until proven guilty (Braudo, n.d.; Grammarist, n.d.). Accusations, on the other hand, are assertions that a person has violated the law, usually supported by evidence under investigation (Grammarist, n.d.). Accusations do not establish guilt; hence, the term “accused” is used for someone charged with an offence. Guilt or acquittal is determined based on whether the accused is found guilty or not guilty of the charges (Statistique Canada, 2015).

Les 3 sex* emphasizes the importance of using precise language to describe the various forms of sexual violence, taking into account the context in which they occur. This approach helps prevent the reinforcement of sexual assault stereotypes and the stigmatization of affected individuals. As part of its mission and in support of victims and survivors, Les 3 sex* is dedicated to actively combating all forms of sexual violence and to promote a culture of consent.