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Explicit consent required for unprotected sex, Canada’s Supreme Court says

Photo: Blanchi Costela/Getty Images

A person can be charged with sexual assault for not using a condom without their partner’s consent during sex, the Supreme Court of Canada ruled Friday. The case was decided 5.-4.

The court agreed, saying that Ross McKenzie Kirkpatrick should stand trial for sexual assault for failing to use a condom during sex with a woman who only consented to protected sex. It was not clear whether he was guilty of those charges.

Kirkpatrick was initially acquitted of the charges in British Columbia before an appeals court ordered a new trial.

Justice Sheilah Martin wrote in the majority opinion:

Since only yes means yes and no means no, it cannot be that ‘no, not without a condom’ means ‘yes, without a condom’

“Acknowledging that condom use can be included as part of the sexual activity in question is also the only way to respect the need for a complainant’s affirmative and subjective consent to each and every sexual act, every time,” the judgment read.

Kirkpatrick met a woman online and then in person for a possible sexual relationship. They had sex twice in one night in 2017, once with a condom and then again without one, though without the woman’s knowledge, according to the complaint.

The complainant said she did not know he did not use a condom the second time and if she did she would not have accepted it.

Under Canadian law, sexual assault requires proof of non-consent to a particular sexual activity.

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Explicit consent required for unprotected sex, Canada’s Supreme Court says

Source link Explicit consent required for unprotected sex, Canada’s Supreme Court says

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