Failure to inform definition code#

Failure to inform definition code#

The Code makes it clear that evidence that a complainant has engaged in sexual activity is not admissible to suggest that the victim was more likely to have consented to the sexual activity which is the subject matter of the charge or that he/she is less worthy of belief. Sections 276 to 276.5 of the Criminal Code govern the admission of evidence regarding a sexual assault complainant's other sexual activity. Section 273.2 limits the scope of the defence of honest belief in consent to sexual activity by providing that the defence is not available where the accused's belief arose from the accused's self-induced intoxication, or where the accused's belief arose from the accused's recklessness or willful blindness or where the accused failed to take reasonable steps to ascertain whether the complainant was consenting. Restricting The Defence Of Honest Belief In Consent

where the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

where the complainant expresses, by words or conduct, a lack of agreement to engage in the activity, or.

where the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority.

where the complainant is incapable of consenting to the activity.

where the agreement is expressed by the words or conduct of a person other than the complainant.

Conduct short of a voluntary agreement to engage in sexual activity does not constitute consent as a matter of law.įor greater certainty, subsection 273.1(2) sets out specific situations where there is no consent in law no consent is obtained:

Subsection 273.1(1) defines consent as the voluntary agreement of the complainant to engage in the sexual activity in question. Section 273.1 provides a definition of consent for the purposes of the sexual assault offences and for greater certainty, sets out specific situations that do not constitute consent at law. A Definition of Consent to Sexual Activity