Reviewing Ewanchuk and JA - A Blog
The Supreme Court of Canada described the complex relationship between consent, sections 265 and 273 of the Criminal Code, and the parties to a sexual assault offence in R v Ewanchuk and R v A(J). As demands for consensual participation continue to grow, it is timely to review how Canadian courts consider consent in the context of sexual assault offences.
Barton, the Twin Myths & the Defence of Honest but Mistaken Belief in Communicated Consent
At the heart of sexual assault cases is the presence or absence of consent, and whether the consent was freely given. Unfortunately, this defence often relies on the complainant’s prior sexual activities and can make trial for sexual assault victims an even more humiliating and demeaning experience then it needs to be. This defence often relies upon the twin myth reasoning, which is the idea that complainants with a prior sexual history are firstly more likely to have consent
