Failing to comply with sex partner’s insistence on condom use can be sexual assault, SCC affirms

By Cristin Schmitz (July 29, 2022, 3:51 PM EDT) -- Failing to comply with a sex partner’s requirement of condom use during sex can mean there is no consent to sex under the Criminal Code, the Supreme Court of Canada has ruled in ordering a new trial for a B.C. man charged with sexually assaulting a woman after he did not use a condom during sexual intercourse, unbeknownst to the complainant who had insisted on his condom use prior to their sexual activity....