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Sexual Assault: Availability of the Defence of Belief in Consent

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

18 Pages Posted: 12 Oct 2007 Last revised: 6 Aug 2011

Lucinda Vandervort

University of Saskatchewan

Date Written: 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.

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

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: https://ssrn.com/abstract=863204

Lucinda Vandervort (Contact Author)

University of Saskatchewan ( email )

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

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