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
Date Written: 2005
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: Suggested Citation