The Supreme Court is expected today to clarify how the use of a condom during sex relates to consent in sexual assault law
The Supreme Court of Canada will release a decision today that is expected to clarify how the use of a condom during sex relates to consent in sexual assault law.
The fact Kirkpatrick used a condom the first time they had sex led the complainant to assume that he was already wearing one when he initiated sex for a second time, she told the court – but he wasn’t, a fact she said she did not realize until he ejaculated. The B.C. Court of Appeal disagreed and ordered a new trial, which prompted Kirkpatrick’s appeal to the Supreme Court.
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