![]() When the Crown finished presenting its case, Mr. At trial, the complainant testified that she had not consented to the sexual activity in question - in this case, intercourse without a condom. Section 273.1(1) of the Criminal Code defines consent as a person’s voluntary agreement to “engage in the sexual activity in question”. Kirkpatrick was charged with sexual assault. Kirkpatrick did not wear a condom, which she only realized after intercourse ended. Kirkpatrick wore a condom the first time. They had sexual intercourse twice one night. Kirkpatrick, but only if he wore a condom. In March 2017, Ross Kirkpatrick and a woman met online and then in person in British Columbia. ![]() The Supreme Court rules that when someone is required by their partner to wear a condom during sex but they do not, they could be guilty of sexual assault.
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