In general, even beyond the example of sexual relations, the idea of ​​consent necessarily implies agreement, assent, acquiescence to do or not to do something. This agreement must be given freely, without constraint and with knowledge of causes. 

It's in section 273.1 that the Criminal Code provides us with a definition of consent to sexual activity: it is the voluntary agreement of a person to an activity of a sexual nature.

The Criminal Code establishes in the second paragraph of the same section five circumstances in which consent can not be inferred. You can not accept the consent of a third party by delegation. Similarly, a person may simply be unable to form any consent (physical medical disability, intoxication, etc.). Similarly, one can not validate the consent given by a person in any situation of dependence on another. A position of superiority can not be used as a pretext for subtitling a consent to sexual activity. A breach of trust falls into this category. We will not dwell on the case of the complainant who clearly expressed her disagreement with an activity of a sexual nature. Finally, consent can be withdrawn at any time. Needless to say, the utmost caution is required and it is essential to be very attentive to any sign or expression on the question of consent. When in doubt, it is better to abstain. It is about respect for others but also the risk of being accused of deliberate blindness, for example.

Consent must be present at every stage of sexual activity. This detail is not insignificant because indeed, a person could validly consent to the beginning of sexual activity, but lose consciousness thereafter. The consent will then disappear with the loss of consciousness. 

A charge of sexual assault is very serious. You really have to take it seriously. The issue of consent of the alleged victim will, more often than not, be a significant issue for a person accused of such a crime. Boudreau Temim lawyers inc. will pay attention to this issue in case of accusation.