August 19, 2021 – We’ve put together a factsheet to help break down the issues in LEAF’s upcoming intervention in R. v. Kirkpatrick!
Kirkpatrick deals with the boundaries of consent to sexual activity under Canadian criminal law. The complainant testified that she insisted the accused use a condom during sex. The first time he used one, but the second time he did not. This raises the question: if someone is asked to use a condom, but they do not comply, is the activity considered consensual? LEAF will submit to the Supreme Court that it is not.
Take a look at the factsheet to learn more about what the law and courts say about condom use and consent, and why LEAF is involved in this case. A plaint text version is also available.
If you’d like more information about this case, contact:
Mahon & Company
Counsel to LEAF
Staff Lawyer, LEAF