You Can Now Use "Excessive Intoxication" As A Legitimate Defence In Sexual Assault Cases In Ontario
An Ontario judge has ruled that being impaired is a legal defence.
You may have been taught that being impaired by drugs or alcohol is not an acceptable excuse for sexually assaulting someone.
But, one judge in Ontario has ruled that actually, excessive intoxication will now be considered legitimate legal defence in court in sexual assault cases.
Here’s why you’re now allowed to blame drug or alcohol impairment for sexually assaulting someone in a court of law, according to the judge.
A Superior Court Justice named Nancy Spies, found that a federal law prohibiting people from using it as a legal defence was unconstitutional.
The law - Section 33.1 of the Criminal Code – has long been seen by many as a way of protecting women and children from any kind of violence perpetrated by someone who is under the influence.
Spies ruled that the law restricted people from using intoxication as a viable defence and that the law has, “no force and effect in Ontario.”
The ruling is in support of a man who is set to go on trial for sexual assault next month.
Cameron McCaw, of Toronto, says that he consumed so much alcohol on the night of the alleged incident in his case he was completely unaware of his actions.
The allegations in the case against McCaw say that in 2015 he raped his former roommate's girlfriend after consuming alcohol, marijuana and a date rape drug.
McCaw’s lawyer asked that Section 33.1 be looked at to see if it violated his client's rights in the case.
Spies has obviously ruled in favour of McCaw just ahead of his trail, set for September 12th of this year.
Source: CTV News