R. v. Hunter

R. v. Hunter

On credibility and the totality of the evidence the Crown failed to prove beyond a reasonable doubt that the complainant did not consent to the sexual activity charged; the choking and pinching did not cause bodily harm and, given the BDSM context and the parties' conduct, the accused held an honest belief in consent and responded almost immediately to any withdrawal, therefore the accused is not guilty.

Citation
2019 NSSC 369
Parties
Prosecution: Her Majesty the Queen; Accused: Logan Hartley Hunter
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 December 2019
Procedural Posture
Criminal Sexual Assault / Trial Judgment
Outcome
Acquitted; accused found not guilty of sexual assault contrary to s.271 of the Criminal Code
Legal Topics
Consent, Mistaken Belief of Consent, BDSM Context, Credibility Assessment, Publication Ban
Source Language
English
Criminal Law Sexual Offences Evidence Consent Mistaken Belief of Consent BDSM Context Credibility Assessment Publication Ban

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Logan Hartley Hunter

Accused

Procedural Posture

Criminal Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the complainant consented to each sexual act alleged
  2. 2 Whether the accused honestly believed the complainant consented (mistaken belief in consent)
  3. 3 Whether choking and pinching amounted to bodily harm vitiating consent

Ratio Decidendi

On credibility and the totality of the evidence the Crown failed to prove beyond a reasonable doubt that the complainant did not consent to the sexual activity charged; the choking and pinching did not cause bodily harm and, given the BDSM context and the parties' conduct, the accused held an honest belief in consent and responded almost immediately to any withdrawal, therefore the accused is not guilty.

Court Disposition

Acquitted; accused found not guilty of sexual assault contrary to s.271 of the Criminal Code

Orders

  • Publication ban under Criminal Code ss.486.4 and 486.5