The absence of consent is a matter to be determined on a subjective standard at the time the sexual act occurred. Consent is a question of fact to be determined by the judge or jury based on the totality of the circumstances and the credibility of the complainant...

Sexual assault includes all unwanted sexual activity including intercourse, touching, kissing, grabbing and rubbing. These acts are only legal when both parties consent. Section 273.1(1) of the Criminal Code defines consent as the voluntary agreement to engage in the sexual activity in question...

Like any other criminal offence, the prosecutor must prove certain elements in order to establish guilt beyond a reasonable doubt. Sexual assault is established by the proof of: intentional touching, the sexual nature of the contact and the absence of consent...