In light of recent court cases involving sexual assault, public perceptions of injustice, and high school protests on the issue across B.C., the Elizabeth Fry Society sheds light on the culture of consent.

sa国际传媒淒o not touch people if they do not seem like they can give consent,sa国际传媒� said Samantha, team lead for victim services at Elizabeth Fry. (Her surname is not being published due to security concerns.)

READ MORE: West Kelowna students call for action against alleged sexual assaults

In a recent Kelowna court case, four men were acquitted after being charged with sexual assault following a night of alcohol consumption and sex. The judgesa国际传媒檚 decision prompted oft-heard public criticism.

READ MORE: Weak evidence leads to acquittal of 4 men in Kelowna sexual assault case

Itsa国际传媒檚 a complex and controversial subject.

sa国际传媒淲hen alcohol becomes involved, it is a grey area,sa国际传媒� she said, referencing the Canadian judicial system.

Asked in general terms about the legality surrounding a personsa国际传媒檚 ability to give consent while under the influence of alcohol, criminal defence lawyer Timothy Foster told the Capital News that itsa国际传媒檚 not clear-cut under the law and is dependent on the situation.

sa国际传媒淟egally, you cansa国际传媒檛 give informed consent if yousa国际传媒檙e incapacitated,sa国际传媒� said Foster. sa国际传媒淵ou cansa国际传媒檛 give consent if yousa国际传媒檙e passed out and unconscious.sa国际传媒�

However, sa国际传媒淪ometimes people are blacked out, but theysa国际传媒檙e still walking, talking, and saying and doing things, and itsa国际传媒檚 just their memory that doesnsa国际传媒檛 work anymore.sa国际传媒�

In that condition of being sa国际传媒渂lacked outsa国际传媒� drunk, Foster said, sa国际传媒淟egally, yes, you can give informed consent, even if you donsa国际传媒檛 remember.sa国际传媒�

However, the Elizabeth Fry Societysa国际传媒檚 stance is that,sa国际传媒渋f you are intoxicated, you cannot consent,sa国际传媒� said Samantha.

sa国际传媒淵ou are not in the right place of mind to consent to sexual activity.sa国际传媒�

If the person is intoxicated, just assume they cannot give consent, even if they say yes, she said, stressing that if there is any uncertainty involving the ability of your sexual partner to agree to sexual activities, sa国际传媒渏ust donsa国际传媒檛 do it.sa国际传媒�

Samantha also added the need for explicit, verbal confirmation that your partner is a willing participant.

If you donsa国际传媒檛 know the person well and havensa国际传媒檛 had a conversation about consensual sex, prior to drinking, sa国际传媒渏ust donsa国际传媒檛 do itsa国际传媒� she said.

She wants survivors of sexual assault to know that they are not alone, emphasizing that the Elizabeth Fry organization believes survivors and will listen to them. Their purpose is to help victims of assault move forward and find healing.

sa国际传媒淲e will help you figure out the next steps,sa国际传媒� she said.

She said seeking legal justice can be one step in the healing process for people, but unfortunately it doesnsa国际传媒檛 always happen.

sa国际传媒淚 explain to my clients that you are up against a difficult system. The system has failed victims again and again sa国际传媒� itsa国际传媒檚 a shame that the system is set up in the way that it is.sa国际传媒�

Samantha wants to encourage people to come forward and speak about their experience with sexual assault.

sa国际传媒淭he more people that come forward, the more the system will learn and change.sa国际传媒�

READ MORE: Coldstream students take a stand for sexual consent in walkout

READ MORE: Trial starts in Kelowna for 4 men accused of sexual assault, unlawful confinement

Jacqueline.Gelineau@kelownacapnews.com
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