B.C. man acquitted of sexual assault for refusal to wear condom; Canada's top court to hear case
CTV
The case of a B.C. man acquitted of sexual assault over his refusal to wear a condom will be heard by Canada's top court.
The case of a B.C. man acquitted of sexual assault over his refusal to wear a condom will be heard by Canada's top court.
The Supreme Court of Canada will hear arguments in the case Wednesday, and will determine whether the case should be tried.
Ross McKenzie Kirkpatrick was charged with sexual assault after assuring a woman, whose identity is protected by a publication ban, that he would wear a condom.
A summary of the case says that the complainant insisted, and that Kirkpatrick did wear a condom the first time they had intercourse.
"But on the second occasion, unbeknownst to the complainant, the appellant did not wear a condom," the summary says.
The case went to trial, and Kirkpatrick was acquitted in 2018 of the charge of sexual assault, with the judge stating there was no evidence the complainant had not consented.
The judge at the time cited sections 273.1 and 265(3)(c) of the Criminal Code of Canada, and told the court there was also no evidence to show Kirkpatrick had acted fraudulently, the SCC case summary reads.
