Non-consensual removal of a condom may amount to sexual assault

Non-consensual removal of a condom may amount to sexual assault

A person who refuses to wear a condom during sexual intercourse, when his partner asks for it, could be guilty of sexual assault, the Supreme Court ruled in a ruling on Friday.

This decision stems from the holding of a new trial in British Columbia in a case where a man, accused of sexual assault, had not put on a condom when his partner demanded it.

As part of this story, the complainant told her partner, Ross McKenzie Kirkpatrick, that she would have sex with him if he wore a condom. During their second sexual encounter, the complainant noticed that her partner had not put on a condom.

Mr. Kirkpatrick was initially acquitted at trial of sexual assault. The judge notably indicated that there was no proof that the complainant had not consented to this sexual intercourse.

As part of this decision, the Court of Appeal disagreed and ordered a new trial. It was then that Mr. Kirkpatrick appealed to the Supreme Court.

The highest court in the land therefore refused to acquit Ross McKenzie Kirkpatrick. This case will be referred to the British Columbia Court of Appeal, which will have to decide whether Mr. Kirkpatrick is guilty or not of having committed a sexual assault.

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