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CRIMINAL CODE OFFENCES - Offences against person and reputation - Assaults - Sexual assault - Consent - Honest but mistaken belief

Tuesday, February 21, 2017 @ 11:48 AM  

Appeal by the accused, Beck-Wentzell, from a conviction for sexual assault. The victim was the accused's common-law spouse. The victim testified that the accused arrived home from work while she was asleep with their child. She testified that the accused entered the bedroom and began removing her sleepwear, indicating a desire for sexual intercourse. The victim testified that she told the accused she was not interested. She stated that the accused performed sexual intercourse while she repeated "no" throughout their interaction. The accused testified and denied...