The B.C. Court of Appeal has overturned the conviction of a man accused of sexually assaulting his wife, granting him a new trial due to the exclusion of sexually explicit messages about a consensual 'rape role-play' scenario. The appeal court ruled that these messages were relevant to determining whether the act was consensual or if the accused had an 'honest but mistaken belief' in consent.
VANCOUVER — The B.C. Court of Appeal has granted a man convicted of sexually assaulting his wife a new trial because messages between the pair about a consensual" rape role-play " scenario were wrongfully excluded as evidence.
The ruling says the woman sent her husband a video message including the sentence"'Reblog if you’re into Rape Play" followed by an exchange that included the wife describing her fantasies. But the three-judge appeal panel disagreed, finding that the messages about"a stranger rape and feigned sleep" were relevant to whether the act was consensual, or whether the accused had an"honest but mistaken belief" there was consent.
The ruling says that left the accused to testify as if the conversation"occurred out of the blue, rather than as a followup to a discussion that the complainant initiated and participated in." "While the facts may seem somewhat salacious, I don't think that the application of the law is at all controversial," he said.
SEXUAL ASSAULT RAPE ROLE-PLAY CONSENT APPEAL COURT NEW TRIAL
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