R. v. JRA

Parties

Procedural Posture

Criminal — Sexual Assault / Trial — Judgment/conviction

Legal Issues

1. 1 Whether the complainant consented to the sexual activity
2. 2 Whether the accused knew the complainant did not consent or was reckless/wilfully blind
3. 3 Whether the complainant's intoxication or blackouts vitiated capacity to consent

Ratio Decidendi

On the evidence the Crown proved beyond a reasonable doubt that the complainant did not voluntarily agree to the sexual acts and that the accused either knew she did not consent or was reckless/wilfully blind to the absence of consent; the accused’s testimony was not credible, he failed to take reasonable steps to ascertain consent, and lying back or initial touching were insufficient to communicate consent to the subsequent sexual acts, therefore guilty of sexual assault under s.271.

Court Disposition

Convicted of sexual assault (s.271 Criminal Code)

Orders

• Convicted of sexual assault under s.271 of the Criminal Code.
• Publication restriction under s.486.4 in effect.