BC Man Who Didn't Wear A Condom Could Face A New Trial As Canada's Top Court Reviews Case
The decision could impact the legal interpretation of consent and sexual assault across Canada.
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Canada's Supreme Court is reviewing a case involving a B.C. man who was initially acquitted of sexual assault after he didn't wear a condom during sex.
Ross McKenzie Kirkpatrick was charged with sexual assault after assuring a woman that he would wear a condom. Her identity is being protected by a publication ban.
According to CBC, Kirkpatrick did wear a condom the first time they had sex but, on the second occasion, when he turned over to the bedside table, the woman thought he was getting another condom. But he hadn't.
This case went to trial in 2018 but the judge said there was no evidence the woman had not consented, so Kirkpatrick was acquitted on the charge.
In 2020, B.C's Court of Appeal concluded there was "nothing particularly dishonest about [Mr. Kirkpatrick] not putting on a condom prior to sexual intercourse with the complainant" because he "did nothing to hide or deceive the complainant that he did not put on a condom."
Now, according to CBC, Supreme Court justices have been asked to decide on the argument between whether "no, not without a condom" means "yes, even without a condom."
After a one-day hearing in Ottawa on November 3, the justices are reviewing the case.
If you or someone you know has been the victim of sexual assault, call the Assaulted Women's Helpline at 1-866-863-0511. You can also contact support services for male survivors of sexual assault at 1-866-887-0015. If you need immediate assistance, please call 911 or go to your nearest hospital. Support is available.