The Canadian Supreme Court has ruled that removing a condom during sex without the consent of the other, is now a crime in the country, as the accused can now be charged with sexual assault, AFP reports.
“a plaintiff who consents to sexual intercourse on the condition that his partner wears a condom is not consenting to sexual intercourse without a condom”, AFP reports.
According to the report, when a person is required by their partner to wear a condom during sex but either fails to do so or removes it during the act, they can be found guilty of sexual assault, the court has ruled Canadian Supreme.
“Since only yes means yes and no means no, ‘no, not without a condom’ cannot mean ‘yes, without a condom,'” Judge Sheilah L. Martin wrote in the ruling . this Friday.
A case from 2017
AFP reported that the Canadian Supreme Court had been seized by Ross Kirkpatrick in November 2021. Accused of sexual assault on a 22-year-old young woman in 2017, he had been acquitted for the first time. “Because the trial judge concluded that there was no evidence that the complainant had not consented to the sexual activity in question,” says Radio-Canada.
But the British Columbia Court of Appeal disagreed and ordered a new trial, prompting Ross Kirkpatrick to appeal to the nation’s highest court.
In the decision of this one , one can read that the plaintiff had consented to have sexual relations with Ross Kirkpatrick, but only if he wore a condom. An agreement that was not respected during one of their relations.
“In shock and panicked”, the young woman was told by her partner that she “could simply have an abortion” if she became pregnant. While she feared that she had contracted a sexually transmitted infection, Ross Kirkpatrick replied that “people can now live with infections like HIV, chlamydia and gonorrhea”.
Removing A Condom During Sex Without Consent A sexual assault
“If the complainant’s partner disregards his or her condition, the sexual relationship is non-consensual and the complainant’s sexual autonomy and ability to act in sexual equality have been violated”, decides this the Supreme Court on Friday.
“Sex with or without a condom are fundamentally and qualitatively distinct forms of physical contact. A complaining person who consents to sex on the condition that their partner wears a condom is not consenting to sex without a condom,” Sheilah insists. L. Martin.
Surprise condom removal during sexual intercourse without the consent of the partner is a practice, called “stealthing” , which has been of concern for many years.