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Kirkpatrick wore a condom the first time they had sex but did not the second time. The complainant said she insisted beforehand that Kirkpatrick wear a condom. Kirkpatrick met the complainant online in 2017 (the complainant's name is protected by a publication ban). woman says Mounties need better training on investigating condom-free 'stealthing' assaults
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Sex with condom is legally different from sex without, B.C.Top court reviewing case involving condom use and consent.
JUDICIAL CONSENT DEFINITION TRIAL
The decision doesn't come to any conclusion about Kirkpatrick's guilt or innocence but simply orders a new trial with the available evidence. man who did not wear a condom during sexual intercourse with the complainant, even though she insisted beforehand that he wear one. The court ordered a new trial in the case of Ross McKenzie Kirkpatrick, a B.C. "A complainant who consents to sex on the condition that their partner wear a condom does not consent to sex without a condom."
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"Sex with and without a condom are fundamentally and qualitatively distinct forms of physical touching," Justice Sheilah Martin wrote in the majority decision. In its unanimous decision, the top 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. People who don't wear condoms during sex after being told to by their sexual partners can be convicted of sexual assault, the Supreme Court of Canada ruled today.