The legal definition of consent is clear: it must be a voluntary, affirmative, and ongoing agreement to engage in sexual activity. Consent means saying “yes” to something in a clear and free way. Consent cannot be assumed from silence, lack of resistance, or previous relationships. Importantly, a person cannot consent if they are unconscious or incapacitated by alcohol or drugs.
The Hockey Canada case, presently moving through the criminal trial process, brings the issue of consent into sharp focus. Five former members of Canada’s 2018 World Junior Hockey team have been charged with sexual assault stemming from an alleged incident in June 2018 in London, Ontario. The complainant alleges that after consuming alcohol, she engaged in consensual sex with one player, after which several teammates entered the room and engaged in further sexual acts without her affirmative consent. She asserts that she complied out of fear and confusion, rather than willingness.
The defense points to video recordings, arguing that the complainant appears to have consented. The presence of alcohol and the complainant’s state of mind are critical factors in determining the validity of consent.
This case is not just about a group of hockey players. It’s about something much bigger: how we understand consent. This case highlights the complexities surrounding consent, especially in situations involving power dynamics, alcohol, and group settings. It underscores the necessity for individuals to ensure clear and unequivocal agreement in all sexual activities.
As the legal proceedings continue, this case serves as a stark reminder of the importance of understanding and respecting consent, both legally and ethically.
If you have experienced sexual abuse in the context of organized sport and would like to speak with a lawyer, contact the Siskinds Personal Injury team.