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.

害羞草研究所淒o not touch people if they do not seem like they can give consent,害羞草研究所� 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 judge害羞草研究所檚 decision prompted oft-heard public criticism.

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

It害羞草研究所檚 a complex and controversial subject.

害羞草研究所淲hen alcohol becomes involved, it is a grey area,害羞草研究所� she said, referencing the Canadian judicial system.

Asked in general terms about the legality surrounding a person害羞草研究所檚 ability to give consent while under the influence of alcohol, criminal defence lawyer Timothy Foster told the Capital News that it害羞草研究所檚 not clear-cut under the law and is dependent on the situation.

害羞草研究所淟egally, you can害羞草研究所檛 give informed consent if you害羞草研究所檙e incapacitated,害羞草研究所� said Foster. 害羞草研究所淵ou can害羞草研究所檛 give consent if you害羞草研究所檙e passed out and unconscious.害羞草研究所�

However, 害羞草研究所淪ometimes people are blacked out, but they害羞草研究所檙e still walking, talking, and saying and doing things, and it害羞草研究所檚 just their memory that doesn害羞草研究所檛 work anymore.害羞草研究所�

In that condition of being 害羞草研究所渂lacked out害羞草研究所� drunk, Foster said, 害羞草研究所淟egally, yes, you can give informed consent, even if you don害羞草研究所檛 remember.害羞草研究所�

However, the Elizabeth Fry Society害羞草研究所檚 stance is that,害羞草研究所渋f you are intoxicated, you cannot consent,害羞草研究所� said Samantha.

害羞草研究所淵ou are not in the right place of mind to consent to sexual activity.害羞草研究所�

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, 害羞草研究所渏ust don害羞草研究所檛 do it.害羞草研究所�

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

If you don害羞草研究所檛 know the person well and haven害羞草研究所檛 had a conversation about consensual sex, prior to drinking, 害羞草研究所渏ust don害羞草研究所檛 do it害羞草研究所� 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.

害羞草研究所淲e will help you figure out the next steps,害羞草研究所� she said.

She said seeking legal justice can be one step in the healing process for people, but unfortunately it doesn害羞草研究所檛 always happen.

害羞草研究所淚 explain to my clients that you are up against a difficult system. The system has failed victims again and again 害羞草研究所� it害羞草研究所檚 a shame that the system is set up in the way that it is.害羞草研究所�

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

害羞草研究所淭he more people that come forward, the more the system will learn and change.害羞草研究所�

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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