‘It is a crime to remove condoms while having sex without partner’s consent’, Canada Supreme Court ruling

Canada Supreme Court: Canada’s Supreme Court has given a big decision regarding the rules for making physical relation. The court has said that removing a condom without the explicit consent of the partner during a relationship is a sexual offense. After the court’s decision, the lawyer said that this is a new interpretation of the criminal code, which will be standard across the country. According to him, this will significantly change the rules of sexual consent, making it almost like a binding contract that requires the consent of the partner before having a relationship.

Court’s verdict on a case

The woman, whose name has been kept secret, had given her partner’s consent to use a condom during sex after meeting. Both had physical relations twice in which once the woman’s partner was not wearing a condom. which the woman did not know. After this, she was diagnosed with HIV. 
She accused her partner Ross McKenzie Kirkpatrick of sexual harassment.

The case was dismissed by the lower court

However, the trial judge dismissed the allegation, accepting Kirkpatrick’s argument that the complainant had consented to sexual relations despite failing to wear a condom. The court’s decision was overturned by the British Columbia Court of Appeals, which ordered a new investigation, after which Kirkpatrick appealed the decision to the nation’s top court, which heard arguments last November.

The court said – for this the consent of both is necessary

defense lawyer said – how can this be decided
A defense lawyer in British Columbia said on this that "In Canada, condoms are allowed to be used when both have consent. But this decision takes away from the moment of sexual activity that the partner consents to it the day before. he adds, "If it’s to be taken ethically for everyone, but especially for men, you have to be sure if there was a moment in which both agreed and if not sure, you should ask . But how about such a physical relationship can be determined"

How to define condom use with consent

Lise Gottel, Professor of Women and Sex Studies at the University of Alberta, shared her thoughts on sexual consent and Canadian law. "In no other jurisdiction in the world is it clear whether someone who has agreed to have sex with a condom and has it removed without their consent, can also amount to rape. "

As per NYT report"The court has very clearly stated that how can there be any such consent in that circumstance  And it didn’t matter whether the non-consensual condom had to be removed or not, that consent was deceptive." 

Britain-Switzerland has provision for punishment

According to some studies, resistance to condom use has become widespread over the past decade and a significant number of women and men who have sex with men report having experienced partners remove condoms without their consent. This practice, popularly known as "stealth" As is known, it has become prevalent enough that some Canadian universities have incorporated it into their sexual violence prevention policies. Courts in Britain and Switzerland have also convicted people of removing condoms during intercourse, the report said.

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