Supreme Court of Canada to hear case involving B.C. man who allegedly ignored condom request
, Ross McKenzie Kirkpatrick and the complainant met in 2017 and had sex twice one night. The complainant testified that she insisted Kirkpatrick wear a condom prior to them having sex.
Kirkpatrick was later charged with sexual assault, but a trial judge acquitted him in 2018, ruling that there was no evidence that the complainant had not consented to the sexual activity in question so Kirkpatrick did not act fraudulently. The woman had consented to having sexual intercourse with Craig Jaret Hutchinson on the condition he wear a condom. The high court ruled that Hutchinson's "condom sabotage constituted fraud" and it deprived the woman of her ability to consent to sex.
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