Sexual assault trials are complex legal proceedings that involve sensitive and challenging issues. In Canada, the law surrounding sexual assault has evolved over the years to provide greater protection for complainants and hold perpetrators accountable. Understanding the legal process, evidentiary considerations, and challenges in sexual assault trials is crucial for […]
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Sexual assault cases involving issues of consent and intoxication can present complex legal challenges. When one or both parties are intoxicated, questions of consent, capacity, and voluntariness become critical factors in determining the outcome of the case. In the Canadian legal system, establishing consent in cases involving intoxication requires careful […]
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Sexual assault cases involving vulnerable persons, such as individuals with disabilities, minors, or those who are otherwise unable to provide valid consent, present unique legal considerations in the Canadian legal system. Establishing consent in such cases, proving or disproving consent, and addressing the special duty of care and responsibilities of […]
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In cases of sexual assault, there are typically two available defences: denial of the allegation and claiming either the complainant consented or the accused had an honest but mistaken belief in consent. In this article, we will review the relevant law in Canada with respect to the defence of honest […]
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