The B.C. Court of Appeal has ordered a new trial for a man convicted of sexually assaulting his wife, ruling that sexually explicit messages between the couple about a consensual 'rape role-play' scenario were wrongfully excluded as evidence. The ruling states that the messages, which included the wife expressing fantasies about rape and role-playing, were relevant to determining whether the act was consensual or if the accused had an 'honest but mistaken belief' there was consent.
The Law Courts building, which is home to B.C. Supreme Court and the Court of Appeal, is seen in Vancouver, B.C., Thursday, Nov. 23, 2023. THE CANADIAN PRESS/Darryl Dyck
The ruling released on Friday says the complainant and accused, who can’t be identified under a publication ban, were married but separated at the time of the alleged sexual assault in November 2019. 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.
Sexual Assault Court Of Appeal New Trial Rape Role-Play Evidence
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