this post was submitted on 25 Jul 2025
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I haven't followed this casenor seen the evidence that was provided by either the Crown or the Defence. However, the Supreme Court confirmed in R. v. J.A., 2011 SCC 28 (CanLII), [2011] 2 SCR 440 that consent for sexual activity requires ongoing consent.
The victim may have consented at first however if consent was revoked during sexual activity then it becomes sexual assault.
Definitely! That's why I said it's possible non-consenting stuff took place after the video ends. It's entirely possible, but people don't go to jail because it's possible they committed a crime.
I also don't believe that the Crown even argued that consent was revoked. I believe their argument was she was too drunk to consent so what she said in the video doesn't matter. Again, possible, but they couldn't prove that beyond a doubt.