Canada's top court is expected to issue a decision Friday in the case of a B.C. man accused of ignoring a woman's request to wear a condom during sex .
The complainant testified that she had not consented to intercourse without a condom.
In 2020, the British Columbia Court of Appeal unanimously ordered a new trial. Kirkpatrick appealed to the Supreme Court, but on Friday, the Supreme Court unanimously dismissed the appeal.In the majority decision, Justice Sheilah Martin wrote that condom use, if it's a condition of consent to sexual intercourse, is legally part of "sexual activity in question" as defined by the Criminal Code.
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