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Originally Posted by Makarov
I'm not sure which "wording" you are referring to, but the Criminal Code does not say "unwanted attention".
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Hm, in thinking more about it, I think I am mixing up sexual harassment with sexual assault.
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I'm not sure what you mean by this, but the Criminal Code expressly provides that certain people are incapable of consent in certain circumstances (people under the age of 16 consenting to sexual activity with persons more than two years older than him or her, for example.) The courts have also recognized circumstances where persons lack the capacity to consent (intoxication, cognitive disabilities, etc.)
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It was meant somewhat as it was said. There are extremist groups out there who feel that there is not a single woman in the world who is capable of actually consenting to sexual activity due to the patriarchal nature of society. Not underage women, not women lacking the cognitive capacity, but
any woman.
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I'm probably just being a stickler now, but there is no distinction between rape and sexual assault in Canadian law.
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And there is no real definition of sexual assault. So there's a huge, broad grey area that 'we' are being trust to define ourselves...which doesn't seem to be working. The courts seem to be relying on peoples good judgement and common sense, which isn't working. Though I'm not sure that a specific definition could/should be nailed down, either.