Mishall RehmanFollowing up on recommendations from the Independent External Comprehensive Review (IECR) of the Canadian Armed Forces (CAF), the military plans on redefining its explanation of sexual misconduct and sexual assault.
According to CANFORGEN 089/24, when DAOD 9005-1 is re-published this year, members will find the formal definition of sexual misconduct has been revamped. It will instead include “a distinct” definition of sexual assault.
This decision is based on Recommendation 1, “the formal definition of ‘sexual misconduct’ in the DAOD 9005-1 and other policies should be abolished,” from the IECR.
“The broad definition of the term sexual misconduct led to varied levels of behaviour, ranging from sexualized jokes to criminal acts, being grouped together. This had the effect of minimizing the severity of the sexual and gender-based violence experienced by victims when disciplinary or administrative rather than criminal processes were used to address criminal behaviour,” stated the military memo.
New Terms Implemented
The term sexual misconduct will soon disappear from all official documentation of the CAF. Instead, three separate terms will be used to “reflect the associated disciplinary and administrative processes, conflict solutions, and criminal justice processes.”
These three terms will be:
- conduct deficiencies of a sexual nature,
- harassment of a sexual nature, and
- crimes of a sexual nature.
Each will also be specifically defined.
Conduct deficiencies of a sexual nature are defined by the military now as “inappropriate behaviours and acts of a sexual nature that negatively impact CAF organizational culture, operations and personnel where the act or behaviour is causing or is reasonably expected to cause harm to others.”
Under this new definition, conduct deficiencies of a sexual nature can include service infractions, not a sexual nature and any service offence of a sexual nature when the act or omission is not punishable under the criminal code.
Harassment of a sexual nature refers to DAOD 5012-0.
Crime of a sexual nature encompasses all sexual assault and other criminal offences of a sexual nature that do fall under the criminal code. For these offences, the criminal code should be consulted.
Following up on Recommendation 2
Additionally, the CAF also has plans to follow up on Recommendation 2 of the IECR which called for sexual assault to be included as a standalone item in the definition section of CAF policies. The recommendation also outlined the definition of sexual assault as “intentional, non-consensual touching of a sexual nature.”
Extensive Consultations Determine New Terminology
The decision to implement Recommendations 1 and 2 of IECR and the implementation process were made after extensive consultations. Consultations were held with people with lived experiences, the Sexual Misconduct Support and Resource Center, experts, and third parties noted the CANFORGEN.
The military says it applied Gender-Based Analysis Plus when reviewing definitions of sexual assault and sexual misconduct.
“This resulted in placing equity at the forefront of the terminology update by considering how diverse groups of women, men and gender-diverse people may experience this policy change. Identify factors that intersect with sex and gender were considered and analyzed including race, ethnicity, religion, age, rank disability, geography, culture, income, sexual orientation, education and more,” stated the CANFORGEN.
The memo noted that while the military updates its policies, members are to understand that the term sexual misconduct currently used does include the three new defined terms. The term sexual assault is the one included in the IECR.
Members are advised to refer to the criminal code as applicable law regarding sexual assault.
Read the report here.
