R. v. J.D.C.

R. v. J.D.C.

On the accused's own video statement and the corroborative testimony of friends about the complainant's distress after the event, the court found that the complainant did not consent to anal intercourse and that the accused failed to take reasonable steps to ascertain consent as required by s.273.2; those findings satisfied both actus reus and mens rea for sexual assault, rendering the accused guilty.

Citation
2003 NSPC 49
Parties
Crown: R.; Accused: J. D. C.; Complainant: K.A.W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 November 2003
Procedural Posture
Criminal Sexual Assault / Trial Decision (guilty Finding)
Outcome
Defendant found guilty of sexual assault (anal intercourse)
Legal Topics
Consent, Credibility, Mens Rea, Corroboration, Withdrawal of Consent, Reasonable Steps to Ascertain Consent
Source Language
English
Criminal Law Sexual Offences Evidence Consent Credibility Mens Rea Corroboration Withdrawal of Consent +1 more

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Parties

R.

Crown

J. D. C.

Accused

K.A.W.

Complainant

Procedural Posture

Criminal Sexual Assault / Trial Decision (guilty Finding)

Legal Issues

  1. 1 Whether the complainant consented to anal intercourse
  2. 2 Credibility assessment of complainant and accused
  3. 3 Whether the accused took reasonable steps to ascertain consent under s.273.2

Ratio Decidendi

On the accused's own video statement and the corroborative testimony of friends about the complainant's distress after the event, the court found that the complainant did not consent to anal intercourse and that the accused failed to take reasonable steps to ascertain consent as required by s.273.2; those findings satisfied both actus reus and mens rea for sexual assault, rendering the accused guilty.

Court Disposition

Defendant found guilty of sexual assault (anal intercourse)

Orders

  • Defendant found guilty of sexual assault under s.271 of the Criminal Code
  • Publication ban maintained pursuant to Criminal Code s.486(3) prohibiting publication of the complainant's identity