Sexual Assault: Availability of the Defence of Belief in Consent

Vandervort, Lucinda

Abstract

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Sexual Assault: Availability of the Defence of Belief in Consent

Lucinda Vandervort

University of Saskatchewan

2005

Canadian Bar Review, Vol. 84, No. 1, pp. 89-105, 2005

Abstract:
Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations in Canada.

Number of Pages in PDF File: 18

Keywords: sexual assault, criminal responsibility, consent, mens rea, mistake of law, judicial discretion, mistaken belief in consent, rape myths, rule of law

JEL Classification: K14

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Date posted: October 12, 2007 ; Last revised: August 6, 2011

Suggested Citation

Vandervort , Lucinda, Sexual Assault: Availability of the Defence of Belief in Consent (2005). Canadian Bar Review, Vol. 84, No. 1, pp. 89-105, 2005. Available at SSRN: http://ssrn.com/abstract=863204

Contact Information

Lucinda Vandervort (Contact Author)

University of Saskatchewan ( email )

Saskatoon, SK S7N 5A6
Canada
(306) 966-5889 (Phone)
(306) 966-5900 (Fax)