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Criminal Code terms sexual ‘force,’ ‘touching’ put judges ‘in a bind’ with juries, says legal scholar

Wednesday, January 31, 2018 @ 11:18 AM | By Terry Davidson

The Criminal Code needs to be “updated and fixed,” says one legal mind following the appeal of a Nova Scotia man claiming an “inconsistent verdict” in being found guilty of one sex crime and not guilty of another.

R. v. J.D.C. 2018 NSCA 5, decided Jan. 12, was an appeal looking at the outcome of a trial involving several sexual encounters in 2013 between a 20-year-old man and an underage girl.

The man, known in the appeal’s written decision only as J.D.C., was charged with sexual...