The Saskatchewan Court of Appeal overturned a sexual\u002Dassault conviction, saying the trial judge made errors relating to consent.
The Appeal Court decision states the trial judge “Capacity to consent to sexual activity does not require an individual to be able to make rational, logical or reasonable decisions,” the decision goes on.
The panel of judges decided the trial verdict was unreasonable. Their decision references the standard of proof in criminal cases, that being beyond a reasonable doubt, and notes that “if there are reasonable inferences other than guilt, the Crown’s evidence does not meet the standard.”Article content
the complainant knew where she was and who she was with, and that she was capable of making a choice.”
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