Forms of sexual violence | Institut national de santé publique du Québec

Sexual violence according to the victim-perpetrator relationship

Sexual violence can be categorized according to the relationship between the victim and the perpetrator. However, the Criminal Code does not take this relationship into account, except in the case of the offence of incest and sexual assault of minors.

Intrafamilial sexual violence

The term intrafamilial sexual violence is used, particularly in the case of minors, when the perpetrator is a member of the immediate or extended family (the victim’s father or mother, the father’s or the mother’s spouse, a sibling, a grandparent, an uncle, an aunt, or a cousin).

The term extrafamilial sexual violence is used when the perpetrator is not a member of the victim’s immediate or extended family. It includes violence committed by someone in the victim’s entourage (e.g. acquaintance, friend, teacher, babysitter, neighbor, sports coach) and sexual violence committed by a stranger.

Sexual violence in an intimate relationship

Sexual violence can be committed in intimate relationships between partners of all ages. It is a criminal form of spousal violence. Sexual assault in an intimate relationship context has been an indictable offence since 1983, together with all forms of sexual assault between spouses. The perpetrator and the victim may thus be married or in a civil or de facto union, or be dating partners.

Sexual violence in a therapeutic context or in a helping relationship

Sexual violence can be committed in a therapeutic context or in a helping relationship between a professional and the person to whom they are providing a service. Sexual violence committed in such a context may also be known as sexual misconduct. For more information, see below the Sexual assault in the context of a professional relationship or in the military section.

Forms of sexual violence according to the nature of the acts committed

Sexual assault

This table shows the different forms of sexual assault according to the nature of the acts committed, with or without physical contact. As the table does not explicitly include all forms of sexual violence, such as sexual harassment and sexual exploitation, the term sexual assault, as defined in the Orientations gouvernementales en matière d’agression sexuelle, is used.

^a These sexual acts are sexual assaults when a person does not consent to them or is incapable of consenting to them (notably because of their age, in the case of minors) or of refusing them.
^b On July 29, 2022, the Supreme Court ruled, in R. v. Kirkpatrick, that “when someone is required by their partner to wear a condom during sex but they do not, they could be guilty of sexual assault.”¹

Adapted from Baril, K. & Laforest, J. (2018). Chapitre 3: Les agressions sexuelles. In J. Laforest, P., Maurice, & L. M. Bouchard (dir.) Rapport québécois sur la violence et la santé (pp. 56‑95). Institut national de santé publique du Québec.

Sexual harassment

Commonly, but not exclusively, associated with the workplace, sexual harassment is unwanted conduct (comments, gestures or actions) of a sexual nature, which occurs repeatedly (or in a single serious incident) and affects the dignity or physical or psychological integrity of the victim². Sexual harassment is not in itself an offence under the Criminal Code. However, the offence of criminal harassment (s. 264) is a crime that can be committed in a sexual context, such as repeatedly following or communicating with a person or an acquaintance for sexual purposes. Quebec’s Act respecting labour standards was amended in 2018 to add a clarification to the section dealing with psychological harassment that repeated behaviour, comments, actions or gestures of a sexual nature, whether hostile or unwanted, constitute a form of psychological harassment (s. 81.18)³.

For more information, see the fact sheet on sexual harassment or visit the following websites:

Sexual exploitation

In Quebec, according to the definition set out in the  2016-2021 Government Strategy to Prevent and Counteract Sexual Violence⁴ and reiterated in the Plan d’action gouvernemental 2021-2026 en réponse aux recommandations de la Commission spéciale sur l’exploitation sexuelle des mineurs (2021-2026 government action plan in response to the recommendations of the Select Committee on the Sexual Exploitation of Minors)⁵, sexual exploitation generally involves a situation, context or relationship where an individual takes advantage of a person’s vulnerability or dependence, or of the existence of unequal power relations, with the aim of using that person’s body for sexual purposes in order to gain advantage (pecuniary, social or personal⁴. Although sexual exploitation can occur in a variety of contexts (prostitution, erotic massage parlors, etc.) and can be associated with a number of criminal activities (procuring, human trafficking, purchase of sexual services, etc.), women and girls remain the main victims of sexual exploitation⁴.

In criminal law, several offences fall within the broad definition of sexual exploitation set out in the Strategy to Prevent and Counteract Sexual Violence. The Criminal Code provides for the offence of sexual exploitation (s. 153), which involves sexual interference or invitation to sexual touching by a person in a position of trust or authority towards a young person between the ages of 16 and 18⁶. Other offences that fall under this definition include procuring, human trafficking, and the commodification of sexual services. The offences of child pornography and publication of intimate images of minors can fall under sexual exploitation as defined by the Strategy to Prevent and Counteract Sexual Violence. In 2014, the Protection of Communities and Exploited Persons Act criminalized the purchase and advertising of sexual services in Canada, imposing penalties on those who purchase sexual services and those who profit financially from the prostitution of others. This act states that it is important “to continue to denounce and prohibit the procurement  of persons for the purpose of prostitution” and that the “Parliament of Canada wishes to encourage those who engage in prostitution to report incidents of violence and to leave prostitution.⁷

For more information, visit the following websites:

Sexual assault in the context of a professional relationship or in the military

Sexual misconduct is a term used to refer to comments and actions of a sexual nature in the context of professional relationships and the military workplace.

In the context of a professional relationship, sexual misconduct refers to the sexual behaviours that may occur in a relationship between a professional whose profession is on the list of professions governed by a professional order in Quebec and their clientele. According to the Quebec Professional Code, such sexual behaviour constitutes a derogatory act. The Ordre professionnel des sexologues du Québec defines sexual misconduct as words or gestures of a sexual nature, with or without contact, directed at a person involved in a professional relationship (e.g., client, parent of a minor) or with whom there is collaboration within the framework of a professional relationship (e.g., colleague, collaborator, intern, student). Considering that there is an inherent power imbalance and risk of abuse between the person requesting a service and the professional, all intimate relationships, even those that appear egalitarian and reciprocal, are not possible in such a context⁸. Certain acts of a sexual nature committed in the context of a professional relationship may also constitute sexual offences under the Criminal Code.

In the military workplace in Canada, sexual misconduct is defined as “conduct of a sexual nature that causes or could cause harm to others”, according to a Defense Administrative Order and Directive (DAOD 9005-1) that came into effect in 2020. The workplace is defined as any location or environment where work-related functions and other activities take place and work relationships exist, including instruction or training activities, social activities or while traveling⁹. Sexual misconduct includes sexual assault, sexual harassment, behaviours that devalue others on the basis of their sex, sexuality, sexual orientation or gender identity or expression, sexual jokes, sexual comments, sexual advances, publication of an intimate image without consent, and may therefore, depending on the case, constitute sexual offences under the Criminal Code. To prevent and handle sexual misconduct cases, in 2015 the Canadian Armed Forces adopted a culture change strategy following an independent external review that identified this issue, which particularly affects women and lesbian, gay, bisexual or transgender people. In 2021, the House of Commons Standing Committee on the Status of Women conducted a new study on sexual misconduct, following new allegations of sexual misconduct within the Canadian Armed Forces. This report makes recommendations to the Government of Canada to help eliminate sexual misconduct in the Canadian Armed Forces and accelerate cultural change¹⁰.

For more information, visit the following websites:

Reproductive coercion

Reproductive coercion generally occurs between intimate or romantic partners and refers to behaviours of control or force committed with the aim of interfering with or guiding decisions related to the contraception use and reproductive health of the other partner.¹¹ It can take the form of contraceptive sabotage (e.g., removing a condom during intercourse), pressure related to pregnancy (e.g., pressuring a partner not to use contraception), and coercion during pregnancy (e.g., forcing a partner to carry a pregnancy to term)¹¹.

To find out more about reproductive coercion  (in French only)

Sexual violence: One of the manifestations of violence against women

Sexual violence can be experienced by anyone, regardless of gender or sexual orientation. However, women and girls are the most affected by sexual violence, which is one of the many manifestations of violence against women. According to the Integrated Government Strategy to Counteract Sexual Violence, Domestic Violence and to Rebuild Trust 2022-2027 (Integrated Violence Strategy), violence against women is a continuum that stems from historically unequal power relations between women and men. It is a social and systemic issue that affects the entire population¹². Gender-based violence is a mechanism to control and dominate women, and undermines their fundamental rights^13,14.

Women and girls make up the vast majority of victims of sexual and intimate partner violence. In Quebec, in 2020, they accounted for 88.7% of victims of police-reported sexual assault and 80.3% of victims of other sexual offences, including sexual interference and invitation to sexual touching, child luring, sexual exploitation, and publication of intimate images without consent¹⁵.

As reported in the Integrated Violence Strategy, it is also essential to consider the realities of women who face different systems of discrimination, which places them in contexts of greater vulnerability. For example, immigrant women, racialized women, Indigenous women, elderly women, women living in poverty, women with disabilities, and sexually and gender diverse people are more likely to be victims of sexual and intimate partner violence¹².

To find out more about sexual assault statistics, see the Statistics section.