The Supreme Court rules on sexual consent and the use of condoms

Supreme Court rules on sexual consent and condom use

The plaintiff stated that she did not consent to sex without a condom.

The Supreme Court of Canada will issue a decision on Friday that should clarify how the use of a condom during sex relates to consent under sexual assault legislation.

The court will rule on a British Columbia case in which a plaintiff told a new sex partner, Ross McKenzie Kirkpatrick, that she would only have sex with him if he wore a condom.

The fact that Mr. Kirkpatrick used a condom the first time they had sex led the complainant to assume that he was already wearing one when he started having sex. for the second time, she told the court, but it wasn't. A fact she said she didn't realize until he ejaculated.

Mr. Kirkpatrick was acquitted of sexual assault because the trial judge found there was no evidence that the complainant had not consented to the sexual activity in question nor that the accused had been explicitly dishonest, which which would have been another avenue of sentencing.

The British Columbia Court of Appeal disagreed and ordered a new trial , prompting Mr. Kirkpatrick to appeal to the Supreme Court.

The British Columbia Crown and intervenors, including the Attorneys General of Ontario and of Alberta, urged the Supreme Court to recognize sex with a condom and unprotected sex as two separate activities, so the law does not view consent to either as a con feeling to another.

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