Friday, October 5, 2012

Sexual consent vitiated only where misrepresentation leads to a significant risk of serious bodily

R. v. Mabior, 2012 SCC 47 has upheld the test for when consent to sexual activity is vitiated. The Court holds:







This Court, in Cuerrier, established that failure to disclose that one has HIV may constitute fraud vitiating consent to sexual relations under s. 265(3)(c) Cr. C. Because HIV poses a risk of serious bodily harm, the operative offence is one of aggravated sexual assault (s. 273 Cr. C.). To obtain a conviction under ss. 265(3)(c) and 273, the Crown must show, beyond a reasonable doubt, that the complainant's consent to sexual intercourse was vitiated by the accused's fraud as to his HIV status. The test boils down to two elements: (1) a dishonest act (either falsehoods or failure to disclose HIV status); and (2) deprivation(denying the complainant knowledge which would have caused him or her to refuse sexual relations that exposed him or her to a significant risk of serious bodily harm). Failure to disclose may amount to fraud where the complainant would not have consented had he or she known the accused was HIV‑positive, and where sexual contact poses a significant risk of or causes actual serious bodily harm.

10 comments:

Anonymous said...

Perhaps it is wiser to assume that any potential partner has HIV and take appropriate precautions.

Relying on the law to protect you in this case is dangerous.

This isn't like riding a bus where passengers can assume the driver isn't stoned or drunk.

Anonymous said...

Yet it's not a good idea to get carried away and make the blog about your family or outside interests. The whole professional vs. personal ratio also has to be calculated with your topic and target audience in mind. Anything that wouldn't be appropriate to say to a client in person or in an email shouldn't be included on a business blog.

[url=http://cheapjordans2013.iblogger.org/]jordan shoes[/url]

You can draw inspiration from others, but make sure you instill your blog with your own personality as well!

[url=http://louisvuittonhandbags8.66ghz.com/]louis vuitton handbags[/url]

Heather Perez said...

Don't over compensate. When you are having a hard time delivering the basics, you need to stick with really learning how to do them well. I have seen people in performance trouble decide to start doing things out of their scope of responsibilities or take one element of what they are doing wrong and over-correct. The best analogy I can give you is if you were told you drove to close to the center line and you over-corrected to the point you're driving on the shoulder of the road. The over-correction is also a problem. One of the greatest benefits of outsourcing micro jobs is the management of the risk. There are several works which involves lots of risks. These risks are managed effectively and in an excellent manner. With outsourcing it is thought that the partner would be able to take up and handle the risks effectively. Weekly Initial Jobless Claims Number Explained Good communication is one. Hospital work involves a lot of social interaction between you and the clients who in many cases are your patients. Thus, good communication will ensure that you build good relation between the two.

Anonymous said...

Hi i am kavin, its my first time to commenting anyplace,
when i read this article i thought i could also make comment due
to this brilliant post.

Have a look at my web page - best registry cleaners

Anonymous said...

Doh! I was domain name shopping at namecheap.com and went to type in the domain
name: http://www.blogger.com/comment.g?blogID=4937285970642106606&postID=1689638783992943944 and guess who already
had it? You did! lol j/k. I was about to shop for this domain name but realized it had been taken so I
decided I'd come check it out. Wonderful blog!

Feel free to visit my web blog hard drive benchmark

Anonymous said...

Hello there. I was thinking of adding a website link back
to your blog since both of our web sites are based mostly around the same subject.
Would you prefer I link to you using your site address: http:
//www.blogger.com/comment.g?blogID=4937285970642106606&postID=1689638783992943944
or website title: Blogger: Morton's Musings. Be sure to let me know at your earliest convenience. Cheers

Take a look at my web site: Data Recovery Software Free Download

Anonymous said...

Hello! I hope you do not mind but I decided to post your weblog: http://www.
blogger.com/comment.g?blogID=4937285970642106606&postID=1689638783992943944 to
my online directory website. I used, "Blogger: Morton's Musings" as your site title.
I hope this is fine with you. In case you'd like me to change the title or perhaps remove it entirely, e-mail me at belleculbertson@bigstring.com. Thank you.

Feel free to surf to my webpage :: data recovery services

Anonymous said...

Outstanding post however , I was wanting to know if you could write a litte more
on this subject? I'd be very thankful if you could elaborate a little bit more. Appreciate it!

Here is my webpage sony memory stick

Anonymous said...

Hey, I am new to running a blog and internet sites in general and was wondering how you got the "www" included in your domain name?
I see your domain, "http://www.blogger.com/comment.g?blogID=4937285970642106606&postID=1689638783992943944" has the
www and my domain looks like, "http://mydomain.com".
Do you know how I can change this? I'm using Wordpress platform. Regards

Here is my website :: virtual machine windows

Anonymous said...

First off I would like to say superb blog! I had a quick question which I'd like to ask if you do not mind. I was interested to find out how you center yourself and clear your mind before writing. I've had trouble clearing my thoughts in
getting my ideas out. I do take pleasure in
writing however it just seems like the first 10 to 15 minutes are wasted just trying to figure out how to begin.
Any suggestions or hints? Thanks!

Take a look at my webpage; memory stick pour Psp