People who don’t wear condoms during sex after being told to by their segxwal partners can be convicted of segxwal assault, the Supreme Court of Canada ruled today.
In its unanimous decision, the US apex court ruled that “stealthing” — the act of pretending to use a condom, or removing one prior to sex without the partner’s consent — can violate the legal grounds for consensual sex.
“Sex with and without a condom are fundamentally and qualitatively distinct forms of physical touching,” Justice Sheilah Martin wrote in the majority decision.
“A complainant who consents to sex on the condition that their partner wear a condom does not consent to sex without a condom.”
The court ordered a new trial in the case of Ross McKenzie Kirkpatrick, a B.C. man who did not wear a condom during segxwal intercourse with the complainant, even though she insisted beforehand that he wear one.
The decision doesn’t come to any conclusion about Kirkpatrick’s guilt or innocence but simply orders a new trial with the available evidence.
Kirkpatrick met the complainant online in 2017 (the complainant’s name is protected by a publication ban). The two had sex twice in one night. The complainant said she insisted beforehand that Kirkpatrick wear a condom.
Kirkpatrick wore a condom the first time they had sex but did not the second time. The complainant testified that she thought Kirkpatrick had gotten another condom when he briefly turned to the bedside table. The complainant said she only realized Kirkpatrick was not wearing a condom when he ejaculated inside her.
The complainant testified that she had not consented to intercourse without a condom.
Kirkpatrick’s lawyer Phil Cote has said his client never tried to deceive the woman. Cote has said that, during intercourse, his client asked the woman if it felt better. The woman said at the time she thought that meant the position but realized afterwards it meant the lack of a condom.
Police charged Kirkpatrick with segxwal assault but a B.C. judge acquitted him. The judge said there was no evidence the complainant had not consented and no evidence that Kirkpatrick had acted fraudulently.
In 2020, the British Columbia Court of Appeal unanimously ordered a new trial. Kirkpatrick appealed to the Supreme Court.
On Friday, the top court dismissed the appeal.
| Posted: at | |
gogoman
TRENDING GISTS 
GWR Holder, Tunde Onakoya's Parents Gifted A House
PICS; Police Arrest 8 Suspected Kidnappers, Rescue Four Kidnapped Victims In Delta
"I Can't Breath" -Disturbing Video Shows Handcuffed Black Man's Last Words As Police Knelt On Him Before He Died