Home NewsAfrica Explicit consent needed for unprotected sex, says Canada’s top court | News24

Explicit consent needed for unprotected sex, says Canada’s top court | News24

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Photo: Blanchi Costela/Getty Images


Picture: Blanchi Costela/Getty Photos

An individual might be charged with sexual assault for not carrying a condom with no associate’s consent throughout intercourse, Canada’s prime courtroom dominated on Friday. The case was determined 5-4.

The courtroom was unanimous in saying Ross McKenzie Kirkpatrick should go on trial for sexual assault for not carrying a condom throughout intercourse with a girl who consented solely to protected intercourse. It didn’t say whether or not he was responsible of these fees.

Kirkpatrick was initially acquitted of the costs in British Columbia earlier than an appeals courtroom ordered a retrial.

Justice Sheilah Martin wrote within the majority opinion:

Since solely sure means sure and no means no, it can’t be that ‘no, not with no condom’ means ‘sure, with no condom’

“Recognising that condom use could kind a part of the sexual exercise in query can be the one method to respect the necessity for a complainant’s affirmative and subjective consent to each sexual act, each time,” the judgment learn.

Kirkpatrick met a girl on-line after which in particular person for a attainable sexual relationship. They’d intercourse twice in a single evening in 2017, as soon as with a condom after which once more with out one, although with out the lady’s data, in response to the grievance.

The complainant mentioned she didn’t know that he didn’t use a condom the second time, and if she did, she wouldn’t have agreed to it.

Beneath Canadian legislation, sexual assault requires proof of an absence of consent to a selected sexual exercise in query.

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