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

Monday, November 13, 2017 @ 7:57 AM  

Appeal by the accused, Orwin, from a conviction and sentence for sexual assault. The accused, age 23, and the complainant, age 18, had a short-term casual relationship. The complainant spent an evening with the plaintiff prior to an impending move from the province to attend school. They shared a bed and no sexual activity occurred. The following morning, the accused offered to give the complainant a massage to alleviate stress related to the complainant's impending move. The complainant agreed. The parties gave divergent accounts of what...