Supreme Court

Sexual Offences

Accused’s dishonesty was sufficient to vitiate consent

Accused charged with aggravated sexual assault. Accused secretly punched holes in condoms he and complainant used during sex. Complainant became pregnant and had abortion with serious medical complications. Trial judge found that complainant consented only to protected sex and so convicted accused of sexual assault. Court of Appeal upheld accused’s conviction. Appeal dismissed. Complainant consented to sexual contact in issue. Consent was vitiated by accused’s fraud. Accused’s dishonestly removing effective birth control was sufficiently serious deprivation to vitiate consent.

R. v. Hutchinson (Mar. 7, 2014, S.C.C., McLachlin C.J.C., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 35176) Decision at 105 W.C.B. (2d) 806 was affirmed.  112 W.C.B. (2d) 404.

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