Should We Move Away From Such a Stringent Standard of Proof in Cases of Sexual Assault?
Concern has been raised about the standard of proof applicable in serious cases of sexual assault and whether it requires reformation. The case R. v. D.A.B., 2021 MBQB 185 (D.A.B.), which involved a sexual assault allegation resulting in an acquittal. The blog will then go on to discuss the criminal standard of proof “beyond a reasonable doubt” and the public’s perception of Blackstone’s ratio that it is “better that ten guilty persons escape, than that one innocent suffers."
R v AE: The Scope of Consent - Shelly Neal
In the Criminal Code, Section 273.1 defines the required components of consent in relation to the charge of sexual assault. This provision also includes a limitation of the potential defence to sexual assault, aptly named “The Defence of Honest Belief in Consent,” under Section 273.2, stating:
Sexual Offences: Actus Reus, Consent, and Procedural Inefficiencies - Megan Simpson
The blog will first analyze the element of consent in sexual assault, with an emphasis on how it relates to the actus reus of the offence. Next, I will give an overview of how the court’s interpretation of this element has evolved. Finally, I will conduct a brief comparative analysis between our system and the inquisitorial system to demonstrate how issues relating to establishing a lack of consent may be manifesting.
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
Clarity on Capacity to Consent: What We’ve Been Needing All Along - Ashley Rees
For what seems to be a painfully simple concept, there seems to be a substantial amount of societal confusion around the issue of consent as it pertains to the sexual interactions between human beings. Realistically though, how could we expect any different from the public in Canada if our Supreme Court was still clarifying the legal test required to define capacity to give consent as recently as May 2021?
