Supreme Court set to rule on condom use and consent | CBC News

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Supreme Court set to rule on condom use and consent | CBC News
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Supreme Court set to rule on condom use and consent

Police charged Kirkpatrick with sexual assault but a B.C. judge acquitted him. The judge said there was no evidence the complainant had not consented and no evidence that Kirkpatrick had acted fraudulently.

Kirkpatrick appealed to the Supreme Court, arguing that the appeal court's decision should be thrown out.In the November 2021 hearing before the Supreme Court, both sides of the Kirkpatrick case cited a 2014 Supreme Court decision — R. v. Hutchinson. But the majority said in their decision that the term "sexual activity in question" refers to the sexual intercourse itself — and does not specify whether a condom is used.

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