Accused took advantage of complainant by using personal feelings to secure her apparent consent

Supreme court | Criminal Law | Defences | Consent

Accused police officer was acquitted of sexual assault. Crown appealed. Court of Appeal found that trial judge erred in refusing to instruct jury on s. 273.1(2)(c) of Criminal Code, which provided that no consent was obtained where accused, by abusing position of trust, power or authority, induces complainant to engage in sexual activity. Court of Appeal set aside accused’s acquittal and ordered new trial. Accused appealed. Appeal dismissed. Instruction under s. 273.1(2)(c) was warranted. It would have been open to jury to conclude that by abusing his position of trust and authority, accused took advantage of complainant, who was highly intoxicated and vulnerable, by using personal feelings and confidence engendered by their relationship to secure her apparent consent. Section 273.1(2)(c) is aimed at protection of vulnerable and weak and preservation of right to freely choose to consent to sexual activity. Inducing consent by abusing relationships set out in s. 273.1(2)(c) did not imply same kind of coercion contemplated by s. 265(3)(d), which speaks to consent obtained where complainant submits or does not resist because of exercise of authority.

R. v. Snelgrove (2019), 2019 CarswellNfld 120, 2019 CarswellNfld 121, 2019 SCC 16, 2019 CSC 16, Moldaver J., Karakatsanis J., Brown J., Rowe J., and Martin J. (S.C.C.); affirmed (2018), 2018 CarswellNfld 378, 2018 NLCA 59, B.G. Welsh J.A., C.W. White J.A., and L.R. Hoegg J.A. (N.L. C.A.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case

Court denies former bencher's request for civil trial data that would show extent of court delays

Ontario Court of Appeal allows wife to collect from husband's debtors through garnishment

Most Read Articles

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case