QPL Articles

An unconscious person can’t consent to sex, Liberals confirm in Criminal Code cleanup

By | June 12, 2017

An unconscious person cannot consent to sexual activity; the government has confirmed in new legislation that aims to update Canada’s Criminal Code.

Justice Minister Jody Wilson-Raybould tabled the multi-pronged bill, which cleans out so-called “zombie” laws and expands provisions for sexual assault complainants. The bill introduces a series of amendments to clarify and strengthen the sexual assault and “rape shield” laws, including some that reflect Supreme Court of Canada decisions and address “misapplications” of current law.

The proposed reforms represent the first major changes to Canada’s sexual assault laws since “rape shield” provisions dating 25 years ago. The rape shield provisions prevent a complainant accusing someone of a sexual assault from being cross-examined in court about their past sexual history. The changes would allow the complainant to retain legal representation in rape shield proceedings.

The Supreme Court in the case of R vs. J.A 2011 SCC 28, found that a person can only consent to sexual activity if they are conscious throughout that activity. If a person becomes unconscious during the sexual activity, then they legally cannot consent, whether or not they consented earlier.

See more at  cbc.ca/

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