Sexual Assault: Availability of the Defence of Belief in Consent

Canadian Bar Review 84 (1):89-105 (2005)
Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations
Keywords defence of belief in consent  sexual assault  criminal law  Canada  mens rea  excuse  mistake of law  stereotype  rape culture  common sense
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