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Definition of Sexual Assault Sexual assault is any act that: 1) Violates a person’s sexual integrity; or 2) Is done without the person's agreement. The court will examine whether the said act violates the person's sexual integrity based on the following factors: the affected part of the body, the nature of the contact, and the surrounding circumstances. After this assessment is made beyond a reasonable doubt, the Crown should prove the plaintiff did not consent. This subjective idea frequently defines the essence of sexual offences. For a successful conviction, a public prosecutor must prove the accused did not consent beyond a reasonable doubt. Typically, the victim's testimony will establish this fact. If he believes there was consent, the accused may also testify. Hence, it is vital that the witnesses are considered credible. Consent and Sexual Assault The Criminal Code sets the minimum consent age at 16 for all sexual activities. This implies that when an individual is below this age, his or her consent cannot be used as a defense. If a person is accused of sexual assault on a partner who is aged 15 or younger, there are additional legal issues to be aware of. If you are accused of sexual assault against an adult or minor, you should contact one of our lawyers right away to discuss your defense options.