Canada Supreme Court: The Supreme Court of Canada 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, which will require the consent of the partner before having a relationship.
The court ruled on a case
According to the report of The New York Times, the decision was announced after a 2017 case in which two people first interacted online and then both took the initiative to see if they could meet each other. are comfortable with and after meeting both are able to have a physical relationship.
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, he got treatment for HIV after coming to know.
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 the sexual relationship 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 country’s top court, which heard arguments last November.
Court said – for this the consent of both is necessary
According to the New York Times, the court ruled in this case on Friday, saying that “sexual intercourse without a condom is a fundamentally and qualitatively different physical act.” It was approved by the Court by a 5-4 vote, to which the Court observed that “the use of condoms cannot be irrelevant, secondary or incidental when the complainant has expressly consented to it.”
Defense lawyer said – how can this be decided
A defense attorney in British Columbia noted that “in Canada, condoms are allowed to be used when both have consented. But this ruling removes the moment of sexual activity from the moment the partner consents to it the day before.” He continued, “If it is to be taken ethically for everyone, but especially for men, then you have to make sure whether it is the moment in which both agreed and if not sure, Then you should ask. But how about such a physical relationship can be determined”
How to use condom consensually
Lise Gottel, Professor of Women and Sex Studies at the University of Alberta, shared her views on sexual consent and Canadian law. She said that “in no other jurisdiction in the world is it clear when someone can have sex with a condom.” and if it is removed without their consent, can it also come under the category of rape.”
According to the NYT report, “The court has very clearly stated how there could be any such consent in that circumstance and that no matter whether the non-consensual condom was to be removed or not, that consent was misleading.”
There is a provision of punishment in Britain-Switzerland
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”, has become so prevalent that some Canadian universities have incorporated it into their sexual violence prevention policies. The report said that courts in Britain and Switzerland have also convicted people of removing condoms during intercourse.
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