OTTAWA — The Supreme Court of Canada has agreed to hear a case concerning the use of protection during sex and how that relates to consent and possible deception.
The complainant in the British Columbia case told Ross McKenzie Kirkpatrick that she insisted on the use of condoms during intercourse.
The pair had sex twice, and on the second occasion, unknown to the complainant, Kirkpatrick did not wear a condom.
He was charged with sexual assault but acquitted at trial.
The trial judge found there was no evidence the complainant had not consented to the sexual activity, and also no evidence Kirkpatrick had deceived the complainant into thinking he was using a condom.
However, the B.C. Court of Appeal ordered a new trial, prompting Kirkpatrick’s appeal to the Supreme Court.