Criminalizing Sex at the Margins

(2010) 74 Criminal Reports (6th) 86-95

10 Pages Posted: 13 Feb 2011 Last revised: 8 Feb 2016

See all articles by David M Tanovich

David M Tanovich

University of Windsor - Faculty of Law


Notwithstanding Pierre Trudeau's famous quote from 1967 that the "state has no business in the bedrooms of our nation", adults in Canada who engage in certain kinds of consensual sexual activity in private continue to face the stigma of criminalization and, in some cases, the very real possibility of imprisonment.This comment examines two such situations: (i) section 159 of the Criminal Code and anal intercourse; and (ii) the judicial nullification of consent in cases involving S/M and other sexual practices, like erotic asphyxiation, as evidenced most recently in the case of R. v. A.(J.) which is currently before the Supreme Court of Canada.

Keywords: Criminal Law, Sexual Assault, Consent, Anal Intercourse, Sadomasochism

Suggested Citation

Tanovich, David M, Criminalizing Sex at the Margins. (2010) 74 Criminal Reports (6th) 86-95. Available at SSRN:

David M Tanovich (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4
519-253-3000 (ext. 2966) (Phone)


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