R v Kirkpatrick 2022 SCC 33 case analysis: consent to sexual activity and condom use by Alanah Josey
The majority opinion in R v Kirkpatrick 2022 SCC 33 addressed the state of the law on consent and condom use. The majority distinguished the decision in R v Hutchinson 2014 SCC 19 and held that vaginal intercourse with a condom constitutes the “specific physical sex act” for the purposes of assessing voluntary agreement to sexual activity under s 273.1(1) of the Criminal Code (“Code). As a result, where intercourse is contingent upon condom use, the lack of contraception is n
